Onorio v. Miller

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Kutner, J.), dated April 1, 1987, which granted the defendants’ motion for summary judgment and denied his motion to vacate a prior unconditional order of preclusion.

Ordered that the order is affirmed, with costs.

The defendants served a demand for a bill of particulars on *81or about May 23, 1984. By notice of motion dated September 12, 1986, the defendants made a motion to preclude (CPLR 3042 [c]). On the adjourned return date of this motion, October 16,…