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Pearlstein v. Rogers

272 A.D.2d 995 Court N.Y. App. Div. Decision date 1947-10-03 English

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p. 995
Leah Pearlstein, Respondent, v. Nicholas T. Rogers et al., Individually and as Executors of Gustavus A. Rogers, Deceased, et al., Appellants.

Order, so far as appealed from, unanimously affirmed, without costs, without prejudice to a renewal of the motion to preclude as to items 2 to 7, inclusive, of the demand of defendant Nicholas T. Rogers, individually, for a verified bill of particulars, in the event that plaintiff does not move for an examination before trial within thirty days after service of the order with notice of entry thereof. Present —■ Peek, P. J., Glennon, Dore, Cohn and Callahan, JJ.