By notice of motion dated January 28, 1985, defendant moves for an order pursuant to CPLR 3211 (a) (5), dismissing the complaint herein, on the ground that said action is barred by reason of collateral estoppel, or, in the alternative, that defendant be awarded summary judgment pursuant to CPLR 3212, and, for a further order of preclusion for failure to serve a bill of particulars pursuant to a demand dated December 6, 1984.
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