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.