ABRAMOWITZ v. BERGER


20 A.D.2d 903 (1964)

Gertrude Abramowitz et al., Respondents, v. Nat Berger et al., Appellants, et al., Defendants

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

April 13, 1964


Order of August 6, 1963 reversed, without costs, and motion denied, without prejudice to renewal upon proper affidavits reciting facts showing a meritorious excuse for plaintiffs' failure to serve the bill of particulars in accordance with the terms of the preclusion order of November 28, 1962.

In our opinion, the present record furnishes a wholly inadequate factual basis for the exercise of the court's discretion in opening plaintiffs' default under the preclusion...

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