Opinion
2004-649 KC.
Decided March 2, 2005.
Appeal by plaintiff from an order of the Civil Court, Kings County (P. Sweeney, J.), entered March 5, 2004, granting defendant's motion for summary judgment dismissing the complaint.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
In an action to recover for property damage, plaintiff appeals from an order granting defendant's motion for summary judgment dismissing the complaint based on plaintiff's noncompliance with a conditional order of preclusion. Generally, a conditional order becomes absolute upon a party's failure to comply with its terms ( see Michaud v. City of New York, 242 AD2d 369). In order to successfully oppose defendant's motion, plaintiff had to establish both a meritorious cause of action and a reasonable excuse for his failure to comply with said order ( see e.g. Tolliver v. County of Nassau, 231 AD2d 708). Inasmuch as plaintiff made no such showing, we find that the court below properly granted defendant's motion.