Langner v. Eschwege — 49 A.D.2d 863

Majority

p. 863

James Langner et al., Respondents, v Emanuel Eschwege, Appellant and Third-Party Plaintiff-Appellant. Abraham Broido, Third-Party Defendant-Respondent.

Order, Supreme Court, New York County, entered June 26, 1974, which granted plaintiffs-respondents’ motion to vacate an order of preclusion and extended their time to serve a bill of particulars, and which denied defendant-appellant’s cross motion for summary judgment, unanimously affirmed, with $60 costs and disbursements of this appeal to plaintiffs-respondents. This matter has been before this court before ( 39 AD2d 652 ; 39 AD2d 653 ). The appeal is limited to narrow issues arising from respondents’ failure to serve a bill of particulars. This is a malpractice action and the situation is analogous to that in Hantman v Goldstricker(M AD2d 54). (See, also, Maglieri v Saks, 33 AD2d 898 .) Concur —Markewich, J. P., Kupferman, Capozzoli, Lane and Nunez, JJ.