Following plaintiff's delay in responding to a demand by defendant for a bill of particulars, defendant moved for an unconditional order of preclusion and also for summary judgment dismissing the complaint on the ground that, absent the precluded material, no triable issue of fact would be presented. Supreme Court denied the motion except to the extent of granting a conditional order of preclusion requiring plaintiff to file the bill of particulars within 30 days. In our...
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