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Richardson v. Martorano

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1992
184 A.D.2d 557 (N.Y. App. Div. 1992)

Opinion

June 8, 1992

Appeal from the Supreme Court, Queens County (Di Tucci, J.).


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendants' contention, the Supreme Court did not improvidently exercise its discretion in excusing the plaintiff's approximately two-month delay in complying with the conditional order of preclusion (see, Glen Travel Plaza v Anderson Equip. Corp., 122 A.D.2d 327; Wilenski v. Auricchio Monuments, 102 A.D.2d 824). The plaintiff established a reasonable excuse for her delay (see, Mariani v. Fleishman, 160 A.D.2d 911; Glen Travel Plaza v. Anderson Equip. Corp., supra; Heffney v Brookdale Hosp. Ctr., 102 A.D.2d 842), and the verified bill of particulars indicated the merits of the action (see, Darrell v Yurchuk, 174 A.D.2d 557). Moreover, the defendants have raised no claim that they were prejudiced by the delay, and there is no indication that the plaintiff intended to abandon the action (see, Darrell v. Yurchuk, supra; Caggiano v. Ross, 130 A.D.2d 538). Bracken, J.P., Sullivan, Eiber and Pizzuto, JJ., concur.


Summaries of

Richardson v. Martorano

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1992
184 A.D.2d 557 (N.Y. App. Div. 1992)
Case details for

Richardson v. Martorano

Case Details

Full title:VERONICA RICHARDSON, Respondent, v. JOHN A. MARTORANO et al., Appellants

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

Date published: Jun 8, 1992

Citations

184 A.D.2d 557 (N.Y. App. Div. 1992)

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