Opinion
426
May 14, 2002.
Order, Supreme Court, Bronx County (Howard Silver, J.), entered December 18, 2000, which granted defendant's motion to strike the complaint for plaintiff's failure to comply with a prior order conditionally dismissing the complaint unless plaintiff produced certain documents and appeared for a continued General Municipal Law § 50-h hearing, unanimously affirmed, without costs.
Ephrem Wertenteil, for plaintiff-appellant.
Neil R. Finkston, for defendant-respondent.
Before: Nardelli, J.P., Tom, Sullivan, Rubin, Friedman, JJ.
The motion was properly granted in view of plaintiff's unjustified refusal to answer relevant questions at the section 50-h hearing and failure to comply with the conditional order of dismissal (see, Engeleit v. Bell Atl., ___ A.D.2d ___, 736 N.Y.S.2d 869). Plaintiff's attorney's claim that he did not appear at the continued section 50-h hearing because someone in defendant's attorney's office had represented that the hearing had not been scheduled was properly rejected as incredible, and does not explain the failure to comply with the document production aspect of the conditional order.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.