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MASI v. JACKSON

196 A.D.2d 838 (1993)

602 N.Y.S.2d 32

Giovanni Masi et al., Appellants, v. Albert L. Jackson et al., Defendants and Third-Party Plaintiffs-Respondents. Fabian Kelly, Third-Party Defendant-Respondent

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

September 20, 1993

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiffs' contention, the court did not improvidently exercise its discretion in denying their motion to compel the defendants to accept their supplemental bill of particulars. The bill of particulars alleged new injuries and was served after the plaintiffs filed a note of issue and statement of readiness (see,

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