Palmer v. Fox

Memorandum: Plaintiffs commenced an action against the defendants on March 24, 1964 to recover damages for injuries sustained when the infant plaintiff slipped on a piece of lettuce on defendants’ premises on July 30, 1962. Issue was joined on April 30, 1964. Plaintiffs failed to comply with defendants’ demand for a bill of particulars and on June 17, 3964, upon default of plaintiffs, a 10-day conditional preclusion order was granted. No attempt was made by plaintiffs to comply with that order. . On April 15, 1965 an order was granted by default dismissing the complaint “upon the merits ”. On…