Appellate Division of the Supreme Court of New York, 1982

Bauer v. 873 45th Street Corp.

Bauer v. 873 45th Street Corp.
Appellate Division of the Supreme Court of New York · Decided December 6, 1982
91 A.D.2d 600; 458 N.Y.S.2d 193; 1982 N.Y. App. Div. LEXIS 19442
Bauer v. 873 45th Street Corp.

Opinion of the Court

— Appeal by 873 45th Street Corporation from an order of the Supreme Court, Kings County (Bellard, J.), dated May 20,1982, which denied its motion to vacate a conditional order of preclusion and to compel Irving Bauer to accept its bill of particulars. Order affirmed, with $50 costs and disbursements. Appellant failed to set forth facts showing either a meritorious cause of action or that its inordinate delay in moving to vacate its default was excusable (see Barash v Micucci, 49 NY2d 594; Abramowitz v Berger, 20 AD2d 903; Pakula v Rodin, 66 AD2d 658). Weinstein, J. P., Gulotta, Niehoff and Rubin, JJ., concur.

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