Smith v. Surin

Memorandum by the Court. Appeal from an order of the County Court of Schenectady County, entered March 17, 1969, which granted plaintiffs’ application to be relieved from the effect of a preclusion order and permitted service of a late bill of particulars. In this negligence action commenced in 1967, based on an automobile accident occurring in 1964, appellant’s demand for a bill of particulars was not complied with. When appellant moved for an order of preclusion, respondents failed to appear in opposition and filed no opposing affidavits. Appellant contends that she caused a copy of the…