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Soto v. Scala

49 A.D.2d 721 Court N.Y. App. Div. Decision date 1975-09-25 English

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p. 721
Lydia Soto, Individually and as Mother and Natural Guardian of Antonia Colon and Another, Infants, et al., Respondents, v Francesco Scala, Individually and as Father and Natural Guardian of Frank Scala, an Infant, Appellant.

Order, Supreme Court, Bronx County, entered February 26, 1975, unanimously affirmed, without costs and without disbursements. The reasons for delay in furnishing a bill of particulars were satisfactorily explained by plaintiffs and, no prejudice having been shown, it was a proper exercise of discretion to permit the belated bill to be served and to deny the motion to dismiss. Concur—Stevens, P. J., Markewich, Kupferman, Capozzoli and Nunez, JJ.