Stokes v. McKeithan

Order unanimously reversed on the law without costs, motion granted, and complaint dismissed. Memorandum: Plaintiffs commenced this action in October 1983, seeking damages for personal injuries suffered in an automobile accident. On November 14, 1983, defendant served an answer, a demand for a bill of particulars, and a notice for discovery and inspection. No action was taken by plaintiffs. On August 15, 1988, defendant served, by certified mail, a 90-day notice. Plaintiffs neither complied with the demand nor moved for an extension of time within which to comply (see, Carte v Segall, 134…