Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant Norman Dischner, doing business as Panora's Pizzeria (defendant), moved for summary judgment based on a prior self-executing conditional order precluding plaintiffs from giving evidence at trial concerning items demanded in a bill of particulars. The bill of particulars was not served within the time allowed. Plaintiffs' opposition to the summary...
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