Legal Opinion
Le Frois Foods Corp. v. Aetna Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1975PublishedCited by 11 opinions
1Opinion of the Court
Order unanimously reversed, without costs, and motion denied. Memorandum: Time ' and again we have held that conditional orders of preclusion for failure to serve a bill of particulars may not be disregarded with impunity, and that in the absence of extraordinary and exceptional circumstances it is an abuse of discretion by Special Term to grant relief from such an order (Dent v Baxter, 37 AD2d 908). In addition, "Excuses for avoidable delay are insufficient which merely lay the delay at the door of the plaintiff himself, his lawyer of record, trial counsel, other associated counsel, or…
2Cases cited3 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Williams v. Mallinckrodt Chemical WorksAppellate Division of the Supreme Court of the State of New York · 1973
- Dent v. BaxterAppellate Division of the Supreme Court of the State of New York · 1971
3Cited by11 opinions
- Williams v. Town of IrondequoitAppellate Division of the Supreme Court of the State of New York · 1977
- Le Frois Foods Corp. v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Suggs v. HrabbAppellate Division of the Supreme Court of the State of New York · 1982
- Ciccarelli v. WelcomeAppellate Division of the Supreme Court of the State of New York · 1975
- Nessia v. MarroneAppellate Division of the Supreme Court of the State of New York · 1977
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