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SANTIAGO v. YALE INDUS. TRUCKS

102 A.D.2d 849 (1984)

Carlos Santiago, Appellant, v. Yale Industrial Trucks, Respondent, et al., Defendant. (And a Third-Party Title.)

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

June 11, 1984

¶ Judgment affirmed, without costs or disbursements.

¶ The failure of plaintiff to set forth a sufficient excuse for his default coupled with the excessive length of the delay in responding to defendant Yale Industrial Trucks' demand for a bill of particulars was an indication on the part of plaintiff of an intent to abandon his action (cf. Schicchi v Green Constr. Corp., 100 A.D.2d 509; De Leo v Bertucci

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