New York Court of Appeals, 1981

Shumalski v. Government Employees Insurance

New York Court of Appeals · Decided June 30, 1981

54 N.Y.2d 671; 425 N.E.2d 897; 442 N.Y.S.2d 508; 1981 N.Y. LEXIS 2620

Cases that cite this one

7 later published cases cite this decision.

Goussous v. Modern Food Market, Inc. (Appellate Division of the Supreme Court of New York 1983)
Citibank, N.A. v. Bravo (Appellate Division of the Supreme Court of New York 2019)
Magnus Drugs, Inc. v. City of New York Human Resources Administration (Appellate Division of the Supreme Court of New York 1988)
Hess v. Wessendorf (Appellate Division of the Supreme Court of New York 1984)
Jones v. White Metal Rolling & Stamping Corp. (Appellate Division of the Supreme Court of New York 1982)
Gregory v. Gibb (Appellate Division of the Supreme Court of New York 1982)
Liberski v. Zimmer USA, Inc. (Appellate Division of the Supreme Court of New York 1982)

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

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. *673The Appellate Division reversed Special Term’s order granting plaintiffs permission to serve a further bill of particulars 11 months after the 30-day preclusion order “on the law and the facts”. In this circumstance, the disposition at the Appellate Division could be disturbed only if it were concluded that plaintiffs were entitled to be relieved of their delinquency as a matter of law and that the disposition at the Appellate Division therefore was an abuse of discretion (Barasch v Micucci, 49 NY2d 594, 598). The record does not permit that conclusion. In light of the breadth of the preclusion order effectively foreclosing proof of the cause of action sued on, summary judgment dismissing the complaint was properly granted.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.