Marchitelli v. Greco Sales & Service, Inc.

Order unanimously reversed, with costs, and defendant’s motion denied. Memorandum: On September 18 and 19, 1973, plaintiffs filed and served notes of issue and statements of readiness in this personal injury action. Defendant did not move to vacate these state*747ments within 20 days. Thereafter, on October 31, 1973, defendant served a demand for discovery and inspection and on April 10, 1974 he served a demand for a bill of particulars. When plaintiffs failed to respond to these demands, defendant sought and obtained 30-day conditional preclusion orders as well as an order directing plaintiffs…