Opinion
February 14, 1995
Appeal from the Supreme Court, Nassau County (McCarty, J.).
Ordered that the order dated November 23, 1993, is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and the order dated September 3, 1993, dismissing the complaint, is reinstated.
The plaintiffs failed to provide a reasonable excuse for their failure to respond to the defendant's demands for a bill of particulars and for their failure to comply with two orders of the Supreme Court directing them to serve such a bill. Thus, the Supreme Court improvidently exercised its discretion by vacating its prior order dated September 3, 1993, dismissing the complaint (see, Bender Bodnar v. Nankin, 186 A.D.2d 524; Donovan v. Getty Petroleum Corp., 174 A.D.2d 706). Bracken, J.P., Rosenblatt, Lawrence, Krausman and Goldstein, JJ., concur.