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TEJEDA v. 750 GERARD PROPERTIES CORP.

272 A.D.2d 124 (2000)

707 N.Y.S.2d 174

CARMEN TEJEDA, an Infant, by Her Mother and Natural Guardian, ROSA TEJEDA, et al., Respondents, v. 750 GERARD PROPERTIES CORP. et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 9, 2000.

There is no dispute that plaintiffs failed to provide the discovery material within the 90-day period set forth in the conditional order of preclusion and it is settled that such failure warrants the drastic relief of dismissal in the absence of a reasonable excuse for the failure to comply and an affidavit of merit (see, Video-Cinema Films v Migdal, Pollack, Rosenkrantz & Sherman, 249 A.D.2d 73; VSP Assocs. v 46 Estates Corp...

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