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CUMMINGS v. OUR LADY OF MERCY MEDICAL CENTER

24 A.D.3d 233 (2005)

805 N.Y.S.2d 282

JOSEPHINE CUMMINGS, as Administratrix of the Estate of JOHN LEE GORDON, Deceased, Respondent, v. OUR LADY OF MERCY MEDICAL CENTER et al., Appellants, and MOUNT SINAI HOSPITAL et al., Respondents, et al., Defendants.

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

December 15, 2005.

The conditional order of preclusion upon which defendants rely required only that plaintiff serve distinguishable bills of particulars responsive to the demands of each defendant; no other deficiencies in plaintiff's bills of particulars were specified. Inasmuch as plaintiff complied with the conditional order by serving distinguishable bills that appropriately amplified the pleadings, and will limit the proof and prevent surprise at trial (see Philipp Bros. Export Corp...

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