RAPHAEL v. COHEN


87 A.D.2d 815 (1982)

Sheldon R. Raphael et al., Respondents, v. Myron Cohen et al., Appellants. (And a Second Action.)

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

April 5, 1982


Order reversed on the law, with $50 costs and disbursements, plaintiffs' motions are denied, defendants' cross motion is granted and summary judgment is awarded to defendants in Action No. 1.

Plaintiffs failed to make timely service of their bill of particulars in accordance with a conditional order of preclusion. The only excuse set forth in the record is law office failure and negligence. Even though the plaintiffs may have a meritorious case, there must be a reasonable...

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