KADAN v. VOLKSWAGEN OF AM., INC.


111 A.D.2d 540 (1985)

Alvin Kadan et al., Appellants, v. Volkswagen of America, Inc., et al., Defendants, and Bertram Z. Kadan, Respondent

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

May 23, 1985


Kane, J.

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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