Appellate Division of the Supreme Court of New York, 1985

Assad v. Gelb

Appellate Division of the Supreme Court of New York · Decided April 15, 1985

110 A.D.2d 738

Cases that cite this one

2 later published cases cite this decision.

Michaels v. Wetsell (Appellate Division of the Supreme Court of New York 1998)
Onorio v. Miller (Appellate Division of the Supreme Court of New York 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*739Plaintiffs sought relief from Special Term from an unconditional order of preclusion granted on default, based upon their failure to respond to defendants’ demands for bills of particulars. Special Term properly denied the motion to vacate for lack of an affidavit of merit from an expert competent to testify to evidentiary facts which would support plaintiffs’ claim of professional malpractice (Horvath v Bayonne Hosp., 99 AD2d 824; Nelson v Eastman Dental Center, 85 AD2d 887). Furthermore, plaintiffs’ attorney did not set forth any reasonable excuse for the failure to comply with defendants’ demands in a timely fashion, although plaintiffs were able to comply when faced with a motion and cross motion for summary judgment (Horvath v Bayonne Hosp., supra; De Vito v Marine Midland Bank, 100 AD2d 530).

Since Special Term did not abuse its discretion in denying the cross motion to vacate, the judgment is affirmed (Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693). Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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