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ANZALONE v. PREFERRED MUT. INS. CO.

121 A.D.2d 491 (1986)

Michael Anzalone et al., Respondents, v. Preferred Mutual Insurance Co., Appellant

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

June 16, 1986

Order reversed, on the law, with costs, and motion denied.

CPLR 3042 (d) provides that where a bill of particulars is regarded as defective, in the absence of special circumstances, a motion for preclusion or for service of a further bill must be made within 10 days after receipt of the defective bill (Hess v Wessendorf, 102 A.D.2d 926). At bar, the plaintiffs waited over two months from the time they were served with the...

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