Conditional Order 3126

McIntosh v New York City Partnership Dev. Fund Co., Inc., 2018 NY Slip Op 07303 [2d Dept. 2018]

Contrary to the plaintiffs’ contention, under the language of the conditional order of preclusion, the plaintiffs’ failure to respond to outstanding discovery demands from even a single other party would result in the plaintiffs being precluded from presenting any evidence of damages at trial. The plaintiffs did not meet their burden to avoid the adverse effect of the conditional order of preclusion, as they did not “demonstrate a reasonable excuse for the failure to comply with the order and the existence of a potentially meritorious” cause of action (Naiman v Fair Trade Acquisition Corp., 152 AD3d at 780).

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