O'Connell v. Pizza Time of New York, Inc.

Appellate Division of the Supreme Court of New York

O'Connell v. Pizza Time of New York, Inc.

176 A.D.2d 1233, 578 N.Y.S.2d 445, 1991 N.Y. App. Div. LEXIS 13941

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 4, 1991

StatusPublished

This text of 176 A.D.2d 1233 (O'Connell v. Pizza Time of New York, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Connell v. Pizza Time of New York, Inc., 176 A.D.2d 1233, 578 N.Y.S.2d 445, 1991 N.Y. App. Div. LEXIS 13941 (N.Y. Ct. App. 1991).

Pincite

Opinion

— Order unanimously affirmed without costs. Memorandum: The court properly granted summary judgment to defendant, and properly denied plaintiffs’ request for an extension of time within which to serve their bill of particulars, based on plaintiffs’ unexcused failure to comply with the conditions of the prior, self-executing order of preclusion (see, Ervolina v City of Buffalo, 124 AD2d 998; Thompson v County of Erie [appeal No. 1], 91 AD2d 850, affd 61 NY2d 648). Plaintiffs’ alternative request for leave to commence a new action pursuant to CPLR 205 (a) was properly denied. (Appeal from Order of Supreme Court, Monroe County, Patlow, J. — Summary Judgment.) Present — Callahan, A. P. J., Denman, Green, Pine and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order unanimously affirmed without costs. Memorandum: The court properly granted summary judgment to defendant, and properly denied plaintiffs’ request for an extension of time within which to serve their bill of particulars, based on plaintiffs’ unexcused failure to comply with the conditions of the prior, self-executing order of preclusion (see, Ervolina v City of Buffalo, 124 AD2d 998; Thompson v County of Erie [appeal No. 1], 91 AD2d 850, affd 61 NY2d 648). Plaintiffs’ alternative request for leave to commence a new action pursuant to CPLR 205 (a) was properly denied. (Appeal from Order of Supreme Court, Monroe County, Patlow, J. — Summary Judgment.) Present — Callahan, A. P. J., Denman, Green, Pine and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

176 A.D.2d 1233, 578 N.Y.S.2d 445, 1991 N.Y. App. Div. LEXIS 13941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnell-v-pizza-time-of-new-york-inc-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack