Hatch v. St. Joseph's Hospital

— Order unanimously reversed, without costs, motion granted and complaint dismissed against defendant St. Joseph’s Hospital. Memorandum: Special Term erred in denying defendant hospital’s motion to dismiss based upon plaintiff’s failure to comply with a demand for a bill of particulars and a conditional preclusion order. Plaintiffs bear a “ ‘heavy burden of explanation’ ” for their neglect and are not entitled to relief from the preclusion order absent “exceptional and extraordinary circumstances”. (Suggs v Hrabb, 91 AD2d 819; Spencer v Holt, 86 AD2d 981.) The explanation of counsel that…