Appellate Division of the Supreme Court of New York, 1957

Gennaro v. Standard Fruit & Steamship Co.

Gennaro v. Standard Fruit & Steamship Co.
Appellate Division of the Supreme Court of New York · Decided February 18, 1957
3 A.D.2d 722; 160 N.Y.S.2d 815; 1957 N.Y. App. Div. LEXIS 6441
Gennaro v. Standard Fruit & Steamship Co.

Opinion of the Court

In an action to recover damages for personal injuries, an order dated October 24, 1956 denied respondent’s motion to vacate an order of preclusion, unless respondent, within 10 days thereafter, serve a further bill of particulars in full compliance with the order of preclusion, in which event the motion was to be granted. The order dated October 24, 1956 also granted appellant’s motion for summary judgment dismissing the complaint unless respondent so serve such further bill of particulars, in which event appellant’s motion was to be denied. The appeal is from so much of the order dated October 24, 1956 as conditionally denies respondent’s motion and conditionally grants appellant’s motion. Order insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Beldock, Hallinan and Kleinfeld, JJ., concur.

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