Opinion
June 5, 1995
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the order is affirmed, with costs.
CPLR former 3042 (d), which is applicable to this case, provided that where a bill of particulars is regarded as defective, in the absence of special circumstances, a motion for preclusion or for service of a further bill must be made within 10 days after the receipt of the defective bill (see, Anzalone v Preferred Mut. Ins. Co., 121 A.D.2d 491). At bar, the appellants waited four months before bringing their motion, inter alia, for an order of preclusion and failed to assert the existence of any special circumstances in their supporting papers. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.