Schmitt v. Pietrangelo

In an action sounding in conversion, defendant appeals from an order granting plaintiff’s motion to open a default in the service of a bill of particulars. Order reversed, with $10 costs and disbursements, and motion denied. In Mead v. Consolidated Metal Spinning & Stamping Co. (208 App. Div. 814), it was held that delays of five and two months respectively in moving to open default and to vacate orders for a bill of particulars and of preclusion constituted “ gross laches and inexcusable *1059disregard of the order ”. In this case the delay was more than eighteen months, and under the…