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Bauer v. 873 45th Street Corp.

91 A.D.2d 600 Court Second Department, Decision date 1982-12-06 English

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p. 600
Second Department,
December, 1982
(December 6, 1982)
Irving Bauer, Plaintiff, v 873 45th Street Corp. et al., Defendants. (Action No. 1.) 873 45th Street Corp., Appellant, v Irving Bauer, Individually and Doing Business as B. B. Management Company, Respondent. (Action No. 2.)

— Appeal by 873 45th Street Corporation from an order of the Supreme Court, Kings County (Bellard, J.), dated May 20,1982, which denied its motion to vacate a conditional order of preclusion and to compel Irving Bauer to accept its bill of particulars. Order affirmed, with $50 costs and disbursements. Appellant failed to set forth facts showing either a meritorious cause of action or that its inordinate delay in moving to vacate its default was excusable (see Barash v Micucci, 49 NY2d 594 ; Abramowitz v Berger, 20 AD2d 903 ; Pakula v Rodin, 66 AD2d 658 ). Weinstein, J. P., Gulotta, Niehoff and Rubin, JJ., concur.

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