Appellate Division of the Supreme Court of the State of New York January 24, 1966 (Pensavalle v. Vivona)

In a negligence action to recover damages for personal injury, medical expenses and loss of services, defendant appeals from an order of the Supreme Court, Richmond County, entered September 21, 1965 on reargument, which (1) in effect granted plaintiffs’ motion to vacate a preclusion order, dated June 20, 1961; and (2) granted plaintiffs leave to serve a supplemental bill of particulars so as to