New York Court of Appeals Roundup: Standard for Relief from Conditional Orders of Preclusion
In their monthly column in the New York Law Journal, Roy Reardon and Mary Elizabeth McGarry discuss the Court of Appeals’ decisions in three cases. The Court of Appeals recently addressed the enforcement of conditional orders of preclusion for failure to timely provide an adequate bill of particulars or other discovery, and the showing required to obtain relief from such an order, including the specific showing needed in medical malpractice actions. While the Court required strict adherence to the requirements for relief from a conditional order, in another case they discuss it was more flexible in applying the requirement of giving notice to a municipality in order to hold it liable. Finally, they discuss the Court's application of the assumption of the risk doctrine to the game of golf.