Opinion
March 4, 1996
Appeal from the Supreme Court, Kings County (Yoswein, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the appellant's contention, the Supreme Court did not improvidently exercise its discretion by denying the branch of its motion which was to dismiss the complaint due to the plaintiff's failure to comply with the appellant's discovery damages. Under the circumstances of this case, the court's conditional order of preclusion was appropriate ( see, CPLR 3126). Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.