From Casetext: Smarter Legal Research

Le Frois Foods Corp. v. Aetna Insurance

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 17, 1975
47 A.D.2d 994 (N.Y. App. Div. 1975)

Opinion

April 17, 1975

Appeal from the Monroe Special Term.

Present — Marsh, P.J., Simons, Mahoney and Witmer, JJ.


Order unanimously reversed, without costs, and motion denied. Memorandum: Time and again we have held that conditional orders of preclusion for failure to serve a bill of particulars may not be disregarded with impunity, and that in the absence of extraordinary and exceptional circumstances it is an abuse of discretion by Special Term to grant relief from such an order (Dent v Baxter, 37 A.D.2d 908). In addition, "Excuses for avoidable delay are insufficient which merely lay the delay at the door of the plaintiff himself, his lawyer of record, trial counsel, other associated counsel, or employees of any of the lawyers". (Sortino v Fisher, 20 A.D.2d 25, 29; see, also, Williams v Mallinckrodt Chem. Works, 42 A.D.2d 1044.) Since plaintiffs failed to meet their burden of explanation for neglect, other than overextension of counsel in professional commitments undertaken by him, it was an improvident exercise of discretion to vacate the orders of preclusion.


Summaries of

Le Frois Foods Corp. v. Aetna Insurance

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 17, 1975
47 A.D.2d 994 (N.Y. App. Div. 1975)
Case details for

Le Frois Foods Corp. v. Aetna Insurance

Case Details

Full title:LE FROIS FOODS CORP. et al., Respondents, v. AETNA INSURANCE COMPANY et…

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

Date published: Apr 17, 1975

Citations

47 A.D.2d 994 (N.Y. App. Div. 1975)

Citing Cases

Yovannone v. Sibley's Department Store

In view of the legislative overruling of Barasch/Eaton (CPLR 2005, L 1983, ch 318, § 1), the court now has…

Williams v. Town of Irondequoit

While the record does not reveal it, it is asserted in plaintiffs' brief that the plaintiffs are infants.…