Opinion
March 21, 1994
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered the order is affirmed insofar as appealed from, with one bill of costs; and it is further,
Ordered that the plaintiff's time to comply is extended until 30 days after service upon him of a copy of this decision and order, with notice of entry.
The plaintiff failed to show that the preliminary conference order dated March 4, 1991, resulted from a mistake (see, Saks v Rodney Hous. Corp., 84 A.D.2d 832), collusion, or fraud (see, Carney v. New York Tel. Co., 158 A.D.2d 443). The court was therefore correct in directing the plaintiff to produce the report in compliance with the order. Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.