Blue Bird Coach Lines, Inc. v. 107 Delaware Avenue, N. V., Inc.

Order unanimously reversed, on the law, with costs, and motion denied, in accordance with the following memorandum: In May 1984, plaintiff served defendant 107 Delaware Avenue, N. V., Inc. with a demand for a bill of particulars and a notice to take its deposition. No bill of particulars has ever been served and the deposition has been adjourned on a number of occasions at defendant’s request. In September 1985 this defendant made the instant motion pursuant to CPLR 3212 for summary judgment to dismiss plaintiff’s complaint as against it. That motion should have been denied. Plaintiff’s…