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13 Misc. 2d 449

Leiter v. Green

Appellate Terms of the Supreme Court of New York · decided 1958-06-26

Decided 1958-06-26

Per Curiam.

¶1In view of the retention of the bill of particulars for more than a month after its service and the continuance of settlement negotiations in the meantime, the denial of the motion to relieve the plaintiff of the consequences of the preclusion order was an improvident exercise of discretion.

¶2The order should be reversed, without costs, and motion granted.

¶3Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

¶4Order reversed, etc.

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