Spencer v. Holt

Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: “Time and again v/e 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” (Le Frois Foods Corp. v Aetna Ins. Co., 47 AD2d 994). The instant case presents a model of the abuse warned against. The accident occurred June-1, 1976; summons and complaint were served April 28, 1978;…