MATTER OF REICHARD-WILLIAMS v. MILLER ELECTRIC MANUFACTURING CO.


265 A.D.2d 863 (1999)

695 N.Y.S.2d 813

In the Matter of KATHLEEN REICHARD-WILLIAMS, Individually and as Administratrix of the Estate of JOHN WILLIAMS, JR., Deceased, et al., Appellants, v. MILLER ELECTRIC MANUFACTURING CO. et al., Respondents, et al., Defendant. WELDCRAFT, INC., Third-Party Plaintiff, v. FULTON THERMAL CORPORATION, Third-Party Defendant-Respondent. MILLER ELECTRIC MANUFACTURING CO., Third-Party Plaintiff, v. FULTON THERMAL CORPORATION, Third-Party Defendant-Respondent. (Appeal No. 1.)

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

Decided October 1, 1999.


Order unanimously affirmed without costs.

Memorandum:

Plaintiffs appeal from an order that granted, inter alia, the motion of defendant Weldcraft, Inc. and the cross motion of defendant Miller Electric Manufacturing Co. to dismiss the complaint pursuant to CPLR 3126 unless plaintiffs furnished supplemental responses to a demand for a bill of particulars within 30 days of the date of the order. Plaintiffs contend for the first time on appeal that Supreme...

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