Weber v. Feldman

This is a cross motion by the plaintiff to preclude defendants for failure to serve a bill of particulars pursuant to demand dated February 9,1959. No bill was served; *106no extension for service was granted; no motion was made to vacate or modify the demand. This cross motion to preclude was served October 15, 1959, returnable on October 20, 1959. By answering affidavit sworn to October 19, 1959, and submitted the next morning on the Motion Calendar Call, defendants say only and quite cavalierly that “ [a] copy of the defendants’ bid. of particulars has this day been served upon the plaintiff.…