Call v. Smith

Order unanimously reversed, motion to vacate order of preclusion denied, motion for summary judgment granted and complaint dismissed, all without costs. Memorandum: Plaintiffs commenced an action on July 28, 1967 to recover damages for personal injuries sustained in an accident which occurred on July 30, 1964. Issue was joined and a demand for a bill of particulars served on August 28, 1967. Plaintiffs failed to comply with defendant’s demand and on October 12, 1967 the motion for a preclusion order was made. Upon the return date and upon plaintiffs’ default in appearing, a 10-day conditional…