MARTINEZ v. 2407 MORRIS ASSOCS.


186 A.D.2d 359 (1992)

Heida Martinez, Respondent, v. 2407 Morris Associates, Appellant

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

October 1, 1992


Plaintiff stipulated to provide a supplemental bill of particulars within 10 days after completion of depositions. Plaintiff failed to comply with the stipulation, serving the supplemental bill of particulars some four months late as part of her opposition papers to defendant's instant motion.

Since the stipulation did not set forth a penalty for noncompliance, the remedy for its violation by plaintiff was within the IAS Court's discretion. We cannot say that such...

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