Allstate Insurance v. Butindari

—Order entered November 5, 1965, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, • and the motion for a further bill of particulars is denied. CPLR 3042 (subd. [d]) provides that in the absence of special circumstances, a motion addressed to a defective bill of particulars, either seeking preclusion or directing the service of a further bill, “ shall be made within ten days after the receipt of the bill claimed to be insufficient.” It is clear that this motion was brought beyond such 10-day limitation. There being no special circumstances here,…