Bauer v. 873 45th Street Corp.

Full title: IRVING BAUER, Plaintiff, v. 873 45TH STREET CORP. et al., Defendants…

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

Date published: Dec 6, 1982

91 A.D.2d 600 (N.Y. App. Div. 1982)

Opinion

December 6, 1982

Appeal by 873 45th Street Corporation from an order of the Supreme Court, Kings County (Bellard, J.), dated May 20, 1982, which denied its motion to vacate a conditional order of preclusion and to compel Irving Bauer to accept its bill of particulars. Order affirmed, with $50 costs and disbursements. Appellant failed to set forth facts showing either a meritorious cause of action or that its inordinate delay in moving to vacate its default was excusable (see Barash v Micucci, 49 N.Y.2d 594; Abramowitz v Berger, 20 A.D.2d 903; Pakula v Rodin, 66 A.D.2d 658). Weinstein, J.P., Gulotta, Niehoff and Rubin, JJ., concur.