Barone v. Gangi

Order unanimously reversed, without costs, and motion granted. Memorandum: In the absence of exceptional and extraordinary circumstances, we consider it an abuse of discretion to grant relief from a preclusion order. (Gonsa v. Licitra, 6 A D 2d 755; Clements v. Peters, 33 A D 2d 1096.) While we are not departing from that policy, we believe that under the particular circumstances present here, the plaintiff’s motion to vacate should have been granted. 'There is no apparent reason in the record why the court in the first instance granted an absolute, rather than the usual conditional order of…