Colucci v. Zeolla

Order of the Supreme Court, Bronx County (Anita Florio, J.), entered December 8, 1986, which granted plaintiffs’ motion for an order vacating an order of preclusion, is unanimously reversed, on the law and facts and in the exercise of discretion, and the motion denied, with costs and disbursements payable to defendant.

*287Plaintiffs brought this personal injury action alleging that defendant struck plaintiff John Colucci with a stick. On March 6, 1985, a motion by defendant for an order of preclusion was granted by the Supreme Court unless plaintiffs served a bill of particulars within 10 days…