Yovannone v. Sibley's Department Store

Boomer, J. (dissenting).

Plaintiffs were improperly granted relief from a conditional order of preclusion for failure to serve a bill of particulars. In view of the legislative overruling of Barasch/Eaton (CPLR 2005, L 1983, ch 318, § 1), the court now has discretion to excuse law office failures. In exercising this discretion we have held that the court should apply pre-Barasch standards (Eldre Components v Comten, Inc., 97 AD2d 940). Pre-Barasch, “[t]ime and again we have held that conditional orders of preclusion for failure to serve a bill of particulars may not be disregarded with…