Bass v. a D Service Station

Full title: BILL BASS, Appellant, v. A D SERVICE STATION, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 14, 1994

202 A.D.2d 464 (N.Y. App. Div. 1994)

610 N.Y.S.2d 797

Opinion

March 14, 1994

Appeal from the Supreme Court, Queens County (O'Donoghue, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The record supports the trial court's conclusion that "special circumstances" were presented, including the plaintiff's stipulation that he would serve a responsive supplemental bill of particulars, justifying the defendant's delay in moving for the relief granted (see, Kean v. Community Gen. Hosp., 158 A.D.2d 897; cf., Martin v. We're Assocs., 127 A.D.2d 568). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.