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CORRADETTI v. DALES USED CARS

102 A.D.2d 272 (1984)

Michael Corradetti, Respondent, v. Dales Used Cars, Appellant

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

June 21, 1984

Attorney(s) appearing for the Case

Tate, Bishko & Ruthman (Charles B. Dumas of counsel), for appellants.

Paul M. Callahan (Richard deSimone of counsel), for respondent.

MAHONEY, P. J., KANE, WEISS and MIKOLL, JJ., concur.

CASEY, J.

Since the three-day extension provided for in CPLR 2103 (subd [b], par 2) was applicable herein, plaintiff's bill of particulars was timely served on March 25, 1981 in compliance with the terms of a 20-day conditional order of preclusion served upon plaintiff by mail on March 2, 1981. Accordingly, Special Term's order denying defendant's motion for a final order of preclusion must be affirmed.

CPLR 2103 (subd [b], par 2) authorizes the...

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