Loomis v. Sebasta

Appeal from orders of the Supreme Court at Special Term, entered on October 2, 1972 *878and October 16, 1972 in Schenectady County, which denied the motions of defendant to dismiss the complaint. Plaintiff commenced this action for damages sustained in an automobile accident on May 14, 1970. Issue was joined and a demand for a bill of particulars was made. Defendant moved for a preclusion order on August 21, 1970, plaintiff’s attorney did not appear, and a conditional 30-day order was entered on September 23, 1970 and served on plaintiff’s attorney on September 30, 1970. No bill of particulars…