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BATSON v. LaGUARDIA HOSP.

216 A.D.2d 262 (1995)

627 N.Y.S.2d 979

Charles Batson, Respondent, v. LaGuardia Hospital et al., Defendants, and Eric S. Lichtenstein et al., Appellants

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

June 5, 1995

Ordered that the order is affirmed, with costs.

CPLR former 3042 (d), which is applicable to this case, provided that where a bill of particulars is regarded as defective, in the absence of special circumstances, a motion for preclusion or for service of a further bill must be made within 10 days after the receipt of the defective bill (see, Anzalone v Preferred Mut. Ins. Co., 121 A.D.2d 491...

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