Opinion
April 9, 1998
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
Plaintiff's repeated failure to comply with outstanding discovery demands, and a conditional order of preclusion, justified the drastic relief of dismissal in the absence of a reasonable excuse for the failure to comply, and an affidavit of merits ( see, Video-Cinema Films v. Seaboard Sur. Co., 237 A.D.2d 135; Becerril v. Skate Way Roller Rink, 184 A.D.2d 365). The undated and unsworn letter from a psychiatrist submitted in support of plaintiff's contention that its president was not competent "to prepare for and testify at a trial" did not constitute evidentiary proof in admissible form ( Perez v. New York City Hous. Auth., 229 A.D.2d 310, 311).
Concur — Rosenberger, J.P., Nardelli, Wallach, Rubin and Mazzarelli, JJ.