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RUSSO v. INSERRA SUPERMARKETS

152 Misc.2d 357 (1991)

Sally D. Russo et al., Plaintiffs, v. Inserra Supermarkets et al., Defendants.

Supreme Court, Rockland County.

October 21, 1991

Attorney(s) appearing for the Case

O'Connor, McGuinness, Conte, Doyle, Oleson & Collins for Inserra Supermarkets, defendant. Ellen B. Holtzman for plaintiffs.

JOAN B. LEFKOWITZ, J.

CPLR 3042 (d) requires the party who believes that the responses to a demand for a bill of particulars are insufficient, to move within 10 days after receipt of the bill except that the 10-day period does not apply where "special circumstances" are shown.

At bar, movant received the bill of particulars at the latest on July 15, 1991. On that date counsel for movant wrote a letter...

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