Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, and the defendant's motion for summary judgment dismissing the complaint is granted, unconditionally.
The defendant served a demand for a bill of particulars on March 1, 1989. The plaintiff failed to provide a bill of particulars and the defendant, "on consent" obtained an order dated December 14, 1989, granting preclusion unless the bill of particulars was served in 45...
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