MARTIN v. SALVAGE


238 A.D.2d 959 (1997)

661 N.Y.S.2d 557

Arlene M. Martin, Respondent, v. Francis L. Salvage, Defendant, and Victor DeSimone, Appellant

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

April 25, 1997


Order unanimously reversed on the law without costs, motion granted and complaint against defendant Victor DeSimone dismissed.

Memorandum:

In August 1994 Victor DeSimone (defendant) served demands for a bill of particulars and various disclosure items. Plaintiff did not timely respond to those demands and, on June 20, 1995, a 30-day conditional order of preclusion was entered. Plaintiff failed to comply with that order and, on December 18, 1995, defendant...

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