High v. Coletti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Delaney, J.), entered June 24, 1987, which granted, upon default, the defendant’s motion pursuant to CPLR 3042 (c) to preclude her from offering evidence for failure to serve a bill of particulars and thereupon dismissed the complaint.
Ordered that the appeal is dismissed, with costs.
No appeal lies from an order made upon the default, of the aggrieved party (CPLR 5511). The proper procedure would have been for the plaintiff to move to open her default…
2Cases cited7 opinions
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- Imor v. ImorAppellate Division of the Supreme Court of the State of New York · 1985
- Grober v. BusigoAppellate Division of the Supreme Court of the State of New York · 1987
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