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HILL v. KING KULLEN GROCERY CO., INC.

181 A.D.2d 812 (1992)

Patricia Hill et al., Appellants, v. King Kullen Grocery Co., Inc., Respondent, et al., Defendant. (And a Third-Party Action.)

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

March 23, 1992

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiffs contend that statements contained in a bill of particulars which the defendant King Kullen Grocery Co., Inc., served in its third-party action against Abco-Peerless constituted formal judicial admissions of negligence which estopped it from denying that the defects complained of existed. We disagree. The statements in the bill of...

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