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PHELPS STEEL, INC. v. HUDSON VALLEY STEEL ERECTORS, INC.

90 A.D.2d 627 (1982)

Phelps Steel, Inc., Respondent, v. Hudson Valley Steel Erectors, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 21, 1982

In connection with an action by plaintiff to recover the agreed value of steelware it delivered to defendant, defendant moved at Special Term for (1) an order of preclusion because of plaintiff's failure to serve a bill of particulars, and (2) a default judgment because of plaintiff's failure to timely serve a reply to defendant's counterclaim. Counsel for plaintiff consented to the entry of a 45-day order which provided that both...

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