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RAZENSON v. GERMANN

261 A.D.2d 375 (1999)

689 N.Y.S.2d 225

HELEN RAZENSON et al., Appellants, et al., Plaintiffs, v. ROLF GERMANN et al., Defendants, and COUNTY OF NASSAU, Respondent.

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

Decided May 3, 1999.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to provide a reasonable excuse for their delay in seeking leave to serve a second supplemental bill of particulars on the eve of trial concerning the notice that the defendant County of Nassau had of 38 specified accidents. Moreover, the plaintiffs did not submit an affidavit of merit by their expert demonstrating that the 38 accidents were in the same area and/or were similar to the accident at...

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