Opinion
June 24, 1991
Appeal from the Supreme Court, Westchester County (Delaney, J.).
Ordered that the appeal from the order dated March 13, 1990, is dismissed as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated December 6, 1989, is affirmed; and it is further,
Ordered that the defendant is awarded one bill of costs.
We find that the Supreme Court properly denied the plaintiff's motion to vacate a prior order of preclusion which dismissed the complaint. The plaintiff failed to demonstrate a reasonable excuse for the three-year default in serving a bill of particulars and that he had a meritorious cause of action (see, White v Leonard, 140 A.D.2d 518; La Buda v Brookhaven Mem. Hosp. Med. Center, 98 A.D.2d 711, affd 62 N.Y.2d 1014). Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.