On June 28, 1980, plaintiff Alvin Kadan was allegedly injured in a one-car accident while he was a passenger in a Volkswagen Rabbit operated by defendant Bertram Z. Kadan (hereinafter defendant). This personal injury action ensued. In due course, defendant answered and served a demand for a bill of particulars. When the bill of particulars was not received within the time required by CPLR 3042 (a), defendant moved for an order of preclusion....
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