Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Emily Goodman, J.).
The conditional preclusion order directing defendants to produce various documents was properly enforced in view of defendants' repeated failure to comply first with plaintiff's requests, and then with the court's orders, to produce such documents. Defendants' excuse, that their principal with control over the documents was out of town, is inadequate, given the time defendants had to comply, the absence of evidence of any attempts to locate this principal, and the prejudice any further delay would cause plaintiff ( see, Stepney v. New York City Hous. Auth., 161 A.D.2d 525).
Concur — Milonas, J. P., Rosenberger, Ellerin, Nardelli and Colabella, JJ.