Evans v. County of Nassau
Cases that cite this one
3 later published cases cite this decision.
- Lerner v. Ayervais (Appellate Division of the Supreme Court of New York 2005)
- Weller v. Paul (Appellate Division of the Supreme Court of New York 2012)
- Cobble Hill Nursing Home, Inc. v. Griffo (Appellate Division of the Supreme Court of New York 1997)
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
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Feuerstein, J.), dated June 27, 1996, which denied their motion for summary judgment dismissing the complaint due to the plaintiffs’ failure to fully comply with a conditional order of preclusion of the same court, dated September 8, 1995.
Ordered that the order is affirmed, with costs.
Contrary to the defendants’ contention, the failure to fully comply with an order of preclusion may be excused where, inter alia, the defaulting party proffers a reasonable excuse for its neglect, shows the existence of a meritorious cause of action and its intention to prosecute the action, and there is an absence of prejudice to the opposing party (see, Richardson v Martorano, 184 AD2d 557; Glen Travel Plaza v Anderson
Case-law data current through December 31, 2025. Source: CourtListener bulk data.