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SHUMALSKI v. GOV'T EMPLOYEES INS. CO.

54 N.Y.2d 671 (1981)

Eunice F. Shumalski et al., Appellants, v. Government Employees Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided June 30, 1981.

Attorney(s) appearing for the Case

Joseph M. Moriello for appellants.

Donald D. Brown, Jr., for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On summary consideration, order affirmed, with costs. The Appellate Division reversed Special Term's order granting plaintiffs permission to serve a further bill of particulars 11 months after the 30-day preclusion order "on the law and the facts". In this circumstance, the disposition at the Appellate Division could be disturbed only if it were concluded that plaintiffs were entitled to be relieved of their delinquency as a matter...

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