CANTER v. MULNICK


93 A.D.2d 751 (1983)

Jack Canter et al., Respondents, v. Norman Mulnick, Appellant

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

April 19, 1983


Plaintiffs, in this dental malpractice case, ignored a demand for a bill of particulars for five years after joinder of issue in August, 1977. Defendant was granted on default a conditional preclusion order in July, 1979 unless plaintiffs served their bill within 10 days, which they again failed to do. Finally, defendant moved for summary judgment in June, 1982, based on the order which would preclude plaintiffs from proving a prima facie case. Only at that point, nearly...

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