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LA CAVA v. BROOKE
Appellate Division of the Supreme Court of New York, Second Department.
Dec 23, 1985
Order modified, by adding a provision that plaintiff's attorneys personally pay $250 to defendant. As so modified, order affirmed, without costs or disbursements. Plaintiff's attorneys' time to pay the $250 and serve the bill of particulars is extended until 30 days after service upon them of a copy of the order to be made hereon, with notice of entry. If the conditions are not complied with, order reversed, with costs, and motion for an order of preclusion granted unconditionally.
In light of the unexcused failure to comply in a timely manner with defendant's demand for a bill of particulars, an appropriate sanction has been imposed. Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.
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