CORBETT v. ZEDAYKO


151 A.D.2d 941 (1989)

Rosemarie A. Corbett, Respondent, v. Walter Zedayko, Appellant

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

June 29, 1989


Weiss, J.

Plaintiff commenced this action seeking damages for personal injuries sustained in a May 24, 1983 motor vehicle accident. Following joinder of issue and plaintiff's failure to comply with a bill of particulars demand, a 45-day conditional order of preclusion was entered October 1, 1986 on consent. By notice of motion returnable October 5, 1987, defendant moved for summary judgment dismissing the complaint due to

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