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FUCCI v. LONG ISLAND R.R. CORP.

126 A.D.2d 700 (1987)

Charles Fucci et al., Appellants, v. Long Island Railroad Corporation et al., Respondents

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

January 26, 1987

Ordered that the order is affirmed, with one bill of costs.

The plaintiff Charles Fucci's accident occurred in 1979, the original bills of particulars were served early in 1981 and depositions were held in July 1981. These depositions put the plaintiffs on notice of the entire factual background of the case. On the eve of trial, over 6½ years after the accident and more than two years after a note of issue was filed, the plaintiffs sought leave to serve amended...

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