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O'CONNELL v. PIZZA TIME OF NEW YORK, INC.

176 A.D.2d 1233 (1991)

Michael P. O'Connell et al., Appellants, v. Pizza Time of New York, Inc., Respondent

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

October 4, 1991

Order unanimously affirmed without costs.

Memorandum:

The court properly granted summary judgment to defendant, and properly denied plaintiffs' request for an extension of time within which to serve their bill of particulars, based on plaintiffs' unexcused failure to comply with the conditions of the prior, self-executing order of preclusion (see, Ervolina v City of Buffalo, 124 A.D.2d 998; Thompson v County...

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