LE FROIS FOODS CORP. v. AETNA INS. CO.


47 A.D.2d 994 (1975)

Le Frois Foods Corp. et al., Respondents, v. Aetna Insurance Company et al., Appellants

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

April 17, 1975


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 A.D.2d 908). In addition,...

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