Opinion
May 22, 2001.
Order, Supreme Court, New York County (Barry Cozier, J.), entered on or about April 3, 2000, which vacated a default judgment, previously entered against defendant upon his failure to appear at a compliance conference, on the conditions that he be precluded from conducting any further disclosure, that his counterclaims be stricken and that costs of $500 and a previously imposed sanction of $500 be paid within 10 days, unanimously affirmed, with costs.
Howard G. Meyers, for Plaintiff-Respondent.
George M. Gavalas, for Defendant-Appellant.
Before: Nardelli, J.P., Tom, Andrias, Rubin, Marlow, JJ.
The conditions were a proper exercise of discretion in view of defendant's longstanding dilatory conduct in responding to and initiating disclosure and not attending conferences (see Glasburgh v. Port Auth., 193 A.D.2d 441), and his failure to show that his counterclaims are meritorious.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.