Plaintiffs failed to serve bills of particulars on certain defendants within the time set forth in a compliance conference order. The order provided that failure to comply would result in the preclusion of the offending party or waiver of examination before trial, unless otherwise ordered by the court. Here, the court properly exercised its discretion in determining that preclusion was unwarranted (see Rankin v Miller,
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POYER v. NNEBE
2435, 8441/06
71 A.D.3d 565 (2010)
896 N.Y.S.2d 679
BRIYANNA POYER et al., Respondents, v. FLORENCE O. NNEBE, M.D., et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 25, 2010.
Decided March 25, 2010.
Appellate Division of the Supreme Court of New York, First Department.
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