Fernandez v. Tsoumpas Bros.

In the circumstances presented, the complaint should not have been dismissed on the basis of plaintiffs’ noncompliance *258with the conditional order of preclusion, which had been granted on default, for failure to serve a bill of particulars. The complaint, prima facie, has merit and the indigent plaintiffs, quite obviously, have never abandoned their claims. It is apparent that their default leading to the preclusion order and any delay thereafter in responding to the demand for a bill of particulars was due to the lack of diligence of their former counsel, Candace C. Carpenter. Nor have…