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Shumalski v. Government Employees Insurance

425 N.E.2d 897, 54 N.Y.2d 671, 442 N.Y.S.2d 508, 1981 N.Y. LEXIS 2620
CourtNew York Court of Appeals
DecidedJune 30, 1981
StatusPublished
Cited by7 cases

This text of 425 N.E.2d 897 (Shumalski v. Government Employees Insurance) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shumalski v. Government Employees Insurance, 425 N.E.2d 897, 54 N.Y.2d 671, 442 N.Y.S.2d 508, 1981 N.Y. LEXIS 2620 (N.Y. 1981).

Opinion

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. [673]*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.

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Cite This Page — Counsel Stack

Bluebook (online)
425 N.E.2d 897, 54 N.Y.2d 671, 442 N.Y.S.2d 508, 1981 N.Y. LEXIS 2620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shumalski-v-government-employees-insurance-ny-1981.