Opinion
November 13, 1990
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant was properly precluded from offering any evidence on the issue of liability at trial based on her failure to comply with the Supreme Court's conditional order of preclusion (see, Kaire v. Trump Mgt., 140 A.D.2d 494; Bernstein v. Burson, 126 A.D.2d 593; Metflex Corp. v. Klafter, 123 A.D.2d 845). Under the circumstances, the Supreme Court properly granted summary judgment on the issue of liability, upon the plaintiffs' prima facie showing of their entitlement thereto (see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851). Mangano, P.J., Kunzeman, Sullivan and Ritter, JJ., concur.