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Shumalski v. Government Employees Insurance Company

Court of Appeals of the State of New York
Jun 30, 1981
54 N.Y.2d 671 (N.Y. 1981)

Opinion

Decided June 30, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.

Joseph M. Moriello for appellants.

Donald D. Brown, Jr., for respondent.


On summary consideration, order affirmed, with costs. The Appellate Division reversed Special Term's order granting plaintiffs permission to serve a further bill of particulars 11 months after the 30-day preclusion order "on the law and the facts". In this circumstance, the disposition at the Appellate Division could be disturbed only if it were concluded that plaintiffs were entitled to be relieved of their delinquency as a matter of law and that the disposition at the Appellate Division therefore was an abuse of discretion (Barasch v Micucci, 49 N.Y.2d 594, 598). The record does not permit that conclusion. In light of the breadth of the preclusion order effectively foreclosing proof of the cause of action sued on, summary judgment dismissing the complaint was properly granted.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Shumalski v. Government Employees Insurance Company

Court of Appeals of the State of New York
Jun 30, 1981
54 N.Y.2d 671 (N.Y. 1981)
Case details for

Shumalski v. Government Employees Insurance Company

Case Details

Full title:EUNICE F. SHUMALSKI et al., Appellants, v. GOVERNMENT EMPLOYEES INSURANCE…

Court:Court of Appeals of the State of New York

Date published: Jun 30, 1981

Citations

54 N.Y.2d 671 (N.Y. 1981)
442 N.Y.S.2d 508
425 N.E.2d 897

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