SABATELLO v. FRESCATORE


200 A.D.2d 939 (1994)

607 N.Y.S.2d 176

Dino Sabatello, Respondent, v. Fred Frescatore et al., Appellants

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

January 27, 1994


Weiss, J.

In this personal injury action alleging negligence in the maintenance of defendants' premises, plaintiff did not comply with a conditional order of preclusion for failure to serve his bill of particulars or pay $170 costs awarded defendants. Plaintiff neither appeared in opposition to the motion nor had he moved to vacate the order or to obtain an extension of time to comply. When defendants moved for an order directing entry of a judgment dismissing...

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