(Download) "Rachael Barone v. Alfred C. Gangi Et Al." by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Rachael Barone v. Alfred C. Gangi Et Al.
- Author : Supreme Court of New York
- Release Date : January 21, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
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 preclusion except the plaintiff's failure to appear on the return date of the motion. Plaintiff's attorney immediately moved to vacate this order and stated in his moving papers that he did not oppose defendants' motion for a preclusion order, expecting that plaintiff would be given a limited time within which to serve a bill of particulars. Disposition Order unanimously reversed, without costs, and motion granted.
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