Opinion
September 27, 1988
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Callahan, J.P., Denman, Boomer, Balio and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Special Term did not abuse its discretion by denying plaintiff's motion to vacate an unconditional order of preclusion. The motion was not instituted within the one-year statutory period (CPLR 5015 [a] [1]), and plaintiff proffered no excuse for the inordinate delay in seeking relief. Moreover, counsel's belief that an unconditional order was not requested by defendant was unreasonable.
Summary judgment was warranted. The unconditional order of preclusion effectively prevented plaintiff from establishing a prima facie case on either cause of action (Tuffo v Red Coach Realty, 129 A.D.2d 966).