Albany Housing Authority v. M. Scher & Son, Inc.

Appeal from an order of the Supreme Court at Special Term, entered January 31, 1979 in Albany County, which granted plaintiff’s cross motion to modify the bill of particulars demanded by defendant M. Scher & Son, Inc., and denied the motion of said defendant to preclude on condition that plaintiff serve the amended bill within 30 days. Having received no answer to its demand for certain particulars in this negligence and breach of warranty action, defendant M. Scher & Son, Inc., moved for an order of preclusion. Since plaintiff had not previously applied in a timely fashion to vacate or…