Opinion
9108N Index 302697/15
04-25-2019
Rafael CASTRO, Plaintiff–Appellant, v. PARKVIEW COMMONS CONDO, Defendant, BX Parkview Associates, et al., Defendants–Respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant. Fleischner Potash LLP, New York (Nancy Davis Lewis of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant.
Fleischner Potash LLP, New York (Nancy Davis Lewis of counsel), for respondents.
Sweeny, J.P., Manzanet–Daniels, Tom, Kapnick, Moulton, JJ.
Order, Supreme Court, Bronx County (Donna Mills, J.), entered on or about March 23, 2018, which granted defendants-respondents' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff failed to comply with a self-executing order directing him, inter alia, to respond to various outstanding discovery demands within 45 days or be precluded from offering evidence as to liability and damages at trial (see CPLR 3126[2] ). Plaintiff failed to demonstrate a reasonable excuse for his non-compliance and a meritorious claim and therefore may not be relieved from the dictates of the conditional order (see Gibbs v. St. Barnabas Hosp. , 16 N.Y.3d 74, 80, 917 N.Y.S.2d 68, 942 N.E.2d 277 [2010] ).
We have considered plaintiff's remaining arguments and find them unavailing.