HATCH v. ST. JOSEPH'S HOSP.


93 A.D.2d 999 (1983)

Ruth E. Hatch et al., Respondents, v. St. Joseph's Hospital, Appellant, et al., Defendant

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

April 1, 1983


Order unanimously reversed, without costs, motion granted and complaint dismissed against defendant St. Joseph's Hospital.

Memorandum:

Special Term erred in denying defendant hospital's motion to dismiss based upon plaintiff's failure to comply with a demand for a bill of particulars and a conditional preclusion order. Plaintiffs bear a "`heavy burden of explanation'" for their neglect and are not entitled to relief from the preclusion order absent "exceptional...

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