SCHIPPMAN v. RIZZO


12 A.D.2d 984 (1961)

Ben Schippman et al., Respondents, v. Nicholas Rizzo, Doing Business as A & S Auto Sales, et al., Defendants, and Minnie Stern et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 27, 1961


Order, dated August 23, 1960, reversed, with $10 costs and disbursements, and motion denied, with $10 costs, without prejudice to renewal upon proper affidavits reciting facts showing a reasonable excuse for the delay in serving the bill of particulars, and showing merit in plaintiffs' alleged causes of action against said defendants.

The papers do not furnish an adequate basis for the exercise of the court's discretion in opening plaintiffs' default under the preclusion...

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