Crescenzo v. McCabe Powers Body Co.

In a third-party action, third-party defendant, Long Island Lighting Company (LILCO), served a demand for a verified bill of particulars on the third-party plaintiff, Cascade Corporation, on February 23,1981. Thereafter, by notice of motion dated May 13, 1981, LILCO moved, inter alia, for an order of preclusion based on the failure of Cascade to serve the bill of particulars. Trial Term (Underwood, J.) granted a 20-day conditional order of preclusion on October 19, 1981. Cascade’s failure to comply with the order of Justice Underwood resulted in the order of final preclusion appealed from.

Casc…