Opinion
3708N-3708NA.
Decided May 20, 2004.
Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered April 15, 2003, which denied defendant's motion to vacate a compliance conference order entered upon its default, and order, same court and Justice, entered June 16, 2003, which denied defendant's motion to renew, unanimously affirmed, without costs.
Roberto Lebron, Bronx, for appellant.
Altman Altman, Esqs., Bronx (Joseph A. Altman of counsel), for respondent.
Before: Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ.
Defendant's failure to appear at the compliance conference was part of a persistent pattern of deliberate noncompliance with discovery obligations warranting the striking of its answer ( see Dweck Law Firm v. Mann, 2 A.D.3d 188). Although the motion court incorrectly deemed defendant's motion to renew as one for reargument, we nonetheless affirm because of defendant's failure to explain why the newly tendered affidavit was not submitted on the original motion (CPLR 2221[e][3]). In any event, the new evidence, which did not address the reason for defendant's default, would not have warranted a different result. We have considered and rejected defendant's other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.