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OSKUN PARK v. MARTINEZ

156 Misc.2d 352 (1993)

593 N.Y.S.2d 458

Oskun Park, Plaintiff, v. Bernabe Martinez, Defendant.

Civil Court of the City of New York, Kings County.

January 15, 1993

Attorney(s) appearing for the Case

M. J. Marchisello, New York City (Lauren Felicione of counsel), for defendant.

DAVID FRIEDMAN, J.

This action was commenced on March 30, 1985 with issue being joined by service of an answer on February 12, 1987. Contemporaneously with service of the answer defendant served a demand for a verified bill of particulars. Plaintiff never responded to the demand.

Defendant desired to move for preclusion based upon the nonresponse. Section 208.4 of the Uniform Rules for Trial Courts (22 NYCRR 208.4) provides in pertinent part,...

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