Order unanimously reversed on the law without costs, motion granted and complaint against defendant Victor DeSimone dismissed.
Memorandum:
In August 1994 Victor DeSimone (defendant) served demands for a bill of particulars and various disclosure items. Plaintiff did not timely respond to those demands and, on June 20, 1995, a 30-day conditional order of preclusion was entered. Plaintiff failed to comply with that order and, on December 18, 1995, defendant...
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