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CIANCIMINO v. ROTH

286 A.D.2d 696 (2001)

730 N.Y.S.2d 255

JACK CIANCIMINO, Appellant, v. ROBERT ROTH, Respondent.

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

Decided September 17, 2001.

Ordered that the order is affirmed, with costs.

As a consequence of the plaintiff's failure to comply with a conditional order of dismissal, that order became absolute. To be relieved from the adverse impact of the order of dismissal, the plaintiff had to demonstrate a reasonable excuse for his failure to timely comply with the discovery demands, and the existence of a meritorious cause of action (see, Liotti v Ruk, 282 A.D.2d 717

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