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Batson v. LaGuardia Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 262 (N.Y. App. Div. 1995)

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.


Summaries of

Batson v. LaGuardia Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 262 (N.Y. App. Div. 1995)
Case details for

Batson v. LaGuardia Hospital

Case Details

Full title:CHARLES BATSON, Respondent, v. LaGUARDIA HOSPITAL et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 5, 1995

Citations

216 A.D.2d 262 (N.Y. App. Div. 1995)
627 N.Y.S.2d 979