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SPIERER v. BLOOMINGDALE'S

17 A.D.3d 252 (2005)

793 N.Y.S.2d 403

CHRISTOPHER SPIERER et al., Appellants, v. BLOOMINGDALE'S, a Division of FEDERATED DEPARTMENT STORES, INC., et al., Defendants, and SIMMONS USA, Respondent.

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

April 21, 2005.

In this case, which has been extensively delayed because of stays resulting from bankruptcy filings by defendant Bloomingdale's, defendant served interrogatories when the matter was restored to the calendar, despite having received a response to a demand for a bill of particulars in 1994. Inasmuch as CPLR 3130 (1) prohibits the service of interrogatories upon a party served with a demand for a bill of particulars, the interrogatories should not have been allowed (see Sassower...

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