Order modified by adding thereto a provision that the denial of that branch of appellants' cross motion which was for summary judgment is without prejudice to renewal. As so modified, order affirmed insofar as appealed from, with costs to the plaintiff.
Special Term properly deemed served plaintiff's untimely bill of particulars. The prior order directing plaintiff to serve a further bill of particulars within 30 days was not a conditional order of preclusion. In...
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