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Gonsa v. Licitra

Appellate Division of the Supreme Court of New York, Fourth Department
May 14, 1958
6 A.D.2d 755 (N.Y. App. Div. 1958)

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.


Summaries of

Gonsa v. Licitra

Appellate Division of the Supreme Court of New York, Fourth Department
May 14, 1958
6 A.D.2d 755 (N.Y. App. Div. 1958)

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.
Case details for

Gonsa v. Licitra

Case Details

Full title:HELEN GONSA, Respondent, v. CARMEN LICITRA, Appellant

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

Date published: May 14, 1958

Citations

6 A.D.2d 755 (N.Y. App. Div. 1958)

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