Ramos v. Gross

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about June 2, 1988, which granted plaintiffs-respondents’ motion for an order relieving them of their default in serving a bill of particulars, and which denied defendant-appellant’s cross motion for summary judgment, unanimously reversed, on the law, the motion denied, the cross motion granted and the complaint dismissed, without costs.

Respondents defaulted in serving a bill of particulars in this medical malpractice action, which was first demanded by appellant in April 1984. Appellant twice sought a preclusion order and…