Koelbl v. Harvey

— Mercure, J.

Appeals from two orders of the Supreme Court (Best, J.), entered November 9, 1990 and November 30, 1990 in Montgomery County, which, inter alia, denied defendants’ motion for an order of preclusion.

Plaintiffs commenced this action pro se in April 1988. In August 1988, defendants served a demand for a bill of particulars upon plaintiffs. In September 1990 defendants moved for an order of absolute preclusion, alleging plaintiffs’ failure to respond to the demand, to serve a bill of particulars, or to move to vacate or modify the demand. Plaintiffs then retained an attorney and…