Appellate Terms of the Supreme Court of New York, 1958

Leiter v. Green

Leiter v. Green
Appellate Terms of the Supreme Court of New York · Decided June 26, 1958
13 Misc. 2d 449; 179 N.Y.S.2d 753

Counsel

David Fund and Sidney Naishtat for appellant., Thomas J. Flood and William A. Gibbons for respondents.

Leiter v. Green

Opinion of the Court

Per Curiam.

In view of the retention of the bill of particulars for more than a month after its service and the continuance of settlement negotiations in the meantime, the denial of the motion to relieve the plaintiff of the consequences of the preclusion order was an improvident exercise of discretion.

The order should be reversed, without costs, and motion granted.

Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.