Opinion
10207 Index 161964/15
10-29-2019
Vija HODOSY, Plaintiff–Respondent, v. APOTHEKE, LLC, et al., Defendants–Appellants.
Norton & Associates, LLC, New York (Michael E. Norton of counsel), for appellants. The Dweck Law Firm, LLP, New York (Christopher S. Fraser of counsel), for respondent.
Norton & Associates, LLC, New York (Michael E. Norton of counsel), for appellants.
The Dweck Law Firm, LLP, New York (Christopher S. Fraser of counsel), for respondent.
Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.
Judgment, Supreme Court, New York County (Nancy M. Bannon, J.), entered December 24, 2018, in favor of plaintiff in the total sum of $259,570.51, and bringing up for review an order, same court and Justice, entered December 19, 2018, which granted plaintiff's motion to confirm the Special Referee's report and recommendation dated February 14, 2018, and denied defendants' cross motion to vacate a conditional order of preclusion dated November 13, 2017 striking defendants' answer pursuant to CPLR 3126, unanimously affirmed, without costs.
Defendants failed to establish a reasonable excuse for their failure to comply with the conditional order's discovery directives or a meritorious defense. Therefore, the court's denial of their motion to vacate was an appropriate exercise of its discretion (see Gibbs v. St. Barnabas Hosp., 16 N.Y.3d 74, 80, 917 N.Y.S.2d 68, 942 N.E.2d 277 [2010] ).