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174 A.D.2d 714

Padawer v. Shapiro

Appellate Division of the Supreme Court of the State of New York · decided 1991-06-24

Good law ✅— No negative treatment on recordhow we know

Decided 1991-06-24

How this case has been cited

Cited by 3 later decisions — most recently June 2013

1 federal appellate ·

10199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1—In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Delaney, J.), dated December 6, 1989, which denied his motion to vacate a prior order dismissing the complaint, and (2) an order of the same court, dated March 13, 1990, which denied his motion for reargument.

¶2Ordered that the appeal from the order dated March 13, 1990, is dismissed as no appeal lies from an order denying reargument; and it is further,

¶3Ordered that the order dated December 6, 1989, is affirmed; and it is further,

¶4Ordered that the defendant is awarded one bill of costs.

¶5We find that the Supreme Court properly denied the plaintiff’s motion to vacate a prior order of preclusion which dismissed the complaint. The plaintiff failed to demonstrate a reasonable excuse for the three-year default in serving a bill of particulars and that he had a meritorious cause of action (see, White v Leonard, 140 AD2d 518; La Buda v Brookhaven Mem. Hosp. Med. Center, 98 AD2d 711, affd 62 NY2d 1014). Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.

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