Lugardo v. Folkes

*757Special Term did not improvidently exercise its discretion in refusing to open the plaintiffs’ default in serving a verified bill of particulars within 60 days after service upon them of a copy of the conditional preclusion order (Schicchi v Green Constr. Corp., 100 AD2d 509; Ferrigno v St. Charles Hosp., 86 AD2d 594). Plaintiffs failed to demonstrate that the lack of compliance with the terms of the order was excusable. Specifically, although there are four plaintiffs in this case, there were no extensive records to be compiled or persons to be interviewed due to the limited nature of the…