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LOPINTO v. ROLDOS

Appellate Division of the Supreme Court of New York, First Department.
Jan 9, 1997

We disagree with the IAS Court that particulars sufficient to give notice of what defendants intend to prove under their defenses cannot be gleaned from the papers on the instant motion ( cf., Immediate v St. John's Queens Hosp., 48 NY2d 671). If needed, further elucidation of the defenses should be sought through a demand for a bill of particulars.