Summary
In Gonsa v. Licitra (6 A.D.2d 755) this court stated: "We have on several occasions made it clear that orders of preclusion for failure to serve bills of particulars in negligence actions may not be disregarded with impunity.
Summary of this case from RVA Trucking, Inc. v. Lane Construction Corp.Opinion
May 14, 1958
Appeal from the Onondaga Special Term.
Present — Kimball, J.P., Williams, Bastow, Goldman and Halpern, JJ.
Order reversed, without costs of this appeal to either party, and motion denied, without costs. Memorandum: We have on several occasions made it clear that orders of preclusion for failure to serve bills of particulars in negligence actions may not be disregarded with impunity. In the absence of extraordinary and exceptional circumstances, which are not established by the affidavits in this case, we consider it an abuse of discretion to grant relief from a preclusion order. ( Goldstein v. Wickett, 3 A.D.2d 135; O'Connell v. Korb, 3 A.D.2d 978; Schulz v. Sun Oil Co., 4 A.D.2d 44; Walker v. Ferri, 5 A.D.2d 24.) All concur.