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LEWITINN v. LOVENTHAL MGMT. CO.

109 A.D.2d 629 (1985)

Marc-Albert Lewitinn, Respondent, v. Loventhal Management Company, Appellant, et al., Defendants

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

March 12, 1985

Defendant appeals from a motion for summary judgment based upon an order of preclusion entered as a result of plaintiff's failure to respond to defendant's demand for a bill of particulars. Under the unusual circumstances disclosed in this record, Special Term was correct in denying the motion for summary judgment, and we see no appropriate purpose to be served by permitting renewal.

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