Cerrone v. S'Doia

Plaintiffs appeal from an order of Special Term which granted defendant-respondent’s motion to preclude them from giving evidence at the trial of the action, of the items of which particulars were not delivered as demanded in a notice therefor. The action is one for an accounting, and for money damages. The summons was served on defendant-respondent on February 26, 1959. Issue was joined May 19, 1959 and on May 28, 1959 a note of issue with statement of readiness was filed by plaintiffs and served on defendant’s attorneys. It stated that all pleadings had been served, that service of a bill…