Opinion
October 4, 1991
Appeal from the Supreme Court, Monroe County, Patlow, J.
Present — Callahan, A.P.J., Denman, Green, Pine and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: The court properly granted summary judgment to defendant, and properly denied plaintiffs' request for an extension of time within which to serve their bill of particulars, based on plaintiffs' unexcused failure to comply with the conditions of the prior, self-executing order of preclusion (see, Ervolina v City of Buffalo, 124 A.D.2d 998; Thompson v County of Erie [appeal No. 1], 91 A.D.2d 850, affd 61 N.Y.2d 648). Plaintiffs' alternative request for leave to commence a new action pursuant to CPLR 205 (a) was properly denied.