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BASS v. A & D SERV. STATION

202 A.D.2d 464 (1994)

610 N.Y.S.2d 797

Bill Bass, Appellant, v. A & D Service Station, Respondent

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

March 14, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

The record supports the trial court's conclusion that "special circumstances" were presented, including the plaintiff's stipulation that he would serve a responsive supplemental bill of particulars, justifying the defendant's delay in moving for the relief granted (see, Kean v Community Gen. Hosp., 158 A.D.2d 897; cf., Martin v We're...

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