Shumalski v. Government Employees Insurance

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. *673The Appellate Division reversed Special Term’s order granting plaintiffs permission to serve a further bill of particulars 11 months after the 30-day preclusion order “on the law and the facts”. In this circumstance, the disposition at the Appellate Division could be disturbed only if it were concluded that plaintiffs were entitled to be relieved of their delinquency as a matter of law and that the disposition at the Appellate Division therefore was an abuse of discretion (Barasch v Micucci, 49 NY2d 594, 598). The…