McCraith v. Wehrung

Order unanimously modified to delete condition contained in first *826ordering paragraph and as modified affirmed without costs. Memorandum: Defendant appeals from an order which granted his motion for summary judgment conditionally, that is, unless the plaintiffs served a proper bill of particulars on defendant before a specified date. In effect, the order granted a cross motion to vacate a preclusion order entered against the plaintiffs more than 15 months earlier. It was an abuse of discretion to grant this relief to plaintiffs. Each step of the litigation, including the motion for preclusion,…