Raphael v. Cohen

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for the exercise of its discretion.

Supreme Court granted plaintiffs’ cross motion to deem their bill of particulars timely served, “in the interests of justice”. The Appellate Division reversed, on the law, denied plaintiffs’ motions, and granted defendants’ cross motion for summary judgment, noting that the only excuse for the delay in serving the bill was law office failure which was an insufficient excuse. CPLR 2005 now allows delay or default due to law…