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Cenzano v. Cenzano

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1998
250 A.D.2d 568 (N.Y. App. Div. 1998)

Opinion

May 4, 1998

Appeal from the Supreme Court, Nassau County (Alpert, J.).


Ordered that the order is affirmed, with costs.

Once a conditional order of dismissal becomes effective by its terms (see, Bock v. Schiowitz, 168 A.D.2d 593), a plaintiff can only open up the default by establishing a reasonable excuse for the delay and a meritorious cause of action (see, Zirin v. Brookdale Hosp. Med. Ctr., 216 A.D.2d 461; Johnson v. Heavy Realty Corp., 191 A.D.2d 538). The plaintiffs have failed to proffer a reasonable excuse for their history of resisting disclosure demands and for twice disobeying the court's disclosure orders. Thus, the Supreme Court providently exercised its discretion in granting the defendant's motion to dismiss the complaint (see, Rodriguez v. Colasuonno, 238 A.D.2d 329).

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.


Summaries of

Cenzano v. Cenzano

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1998
250 A.D.2d 568 (N.Y. App. Div. 1998)
Case details for

Cenzano v. Cenzano

Case Details

Full title:ANDRE CENZANO, an Infant by his Father and Natural Guardian, ANDREW…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 4, 1998

Citations

250 A.D.2d 568 (N.Y. App. Div. 1998)
672 N.Y.S.2d 246

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