MARIANI v. FLEISHMAN


160 A.D.2d 911 (1990)

Andrew P. Mariani et al., Appellants, v. Philip R. Fleishman et al., Respondents

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

April 23, 1990


Ordered that the order is affirmed, with costs.

The plaintiffs' failure to respond to the defendants' demand for a bill of particulars and notice for discovery and inspection prompted the defendants to move to preclude the plaintiffs from offering any evidence at trial on the particulars not served. This unopposed motion was granted unless the plaintiffs responded to the demand and notice within 30 days of service of a copy of the order with notice of entry. Upon...

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