Appellate Division of the Supreme Court of New York, 2001

Ciancimino v. Roth

Ciancimino v. Roth
Appellate Division of the Supreme Court of New York · Decided September 17, 2001
286 A.D.2d 696; 730 N.Y.S.2d 255; 2001 N.Y. App. Div. LEXIS 8565
Ciancimino v. Roth

Opinion of the Court

—In an action to recover damages for personal spondent.

Ordered that the order is affirmed, with costs.

As a consequence of the plaintiff’s failure to comply with a conditional order of dismissal, that order became absolute. To be relieved from the adverse impact of the order of dismissal, the plaintiff had to demonstrate a reasonable excuse for his failure to timely comply with the discovery demands, and the existence of a meritorious cause of action (see, Liotti v Ruk, 282 AD2d 717; Kepple v Hill Assocs., 275 AD2d 299). The plaintiff did not meet this burden. Therefore, the Supreme Court properly granted the defendant’s motion to dismiss the com*697plaint pursuant to CPLR 3126. Santucci, J. P., Altman, Florio, H. Miller and Cozier, JJ., concur.

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