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Hernandez v. Ezrow

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 23, 1965
24 A.D.2d 730 (N.Y. App. Div. 1965)

Opinion

September 23, 1965

Appeal from the Monroe Special Term.

Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.


Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs. Memorandum: The inordinate delay in applying for permission to serve a supplemental bill of particulars, not satisfactorily explained, requires a reversal of the order. Unless we are prepared to hold that the rule concerning certificates of readiness is meaningless except for very extraordinary and special circumstances not present here, we cannot permit the practice which was indulged in. The accident occurred in June, 1959; issue was joined in July, 1959; the motion for supplemental bill of particulars was not made until almost five years later — all of this, as noted, without any satisfactory explanation.


Summaries of

Hernandez v. Ezrow

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 23, 1965
24 A.D.2d 730 (N.Y. App. Div. 1965)
Case details for

Hernandez v. Ezrow

Case Details

Full title:LINDOLFO HERNANDEZ, Respondent, v. GERALD F. EZROW, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 23, 1965

Citations

24 A.D.2d 730 (N.Y. App. Div. 1965)

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