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ZAPCO 1500 INVESTMENT L.P. v. WIENER

299 A.D.2d 206 (2002)

749 N.Y.S.2d 138

ZAPCO 1500 INVESTMENT L.P., Appellant, v. JOEL WIENER et al., Respondents.

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

Decided November 14, 2002.

Although preclusion is a drastic remedy, plaintiff's unexplained failure to comply with at least three discovery orders, two of which were conditional preclusion orders, warranted the preclusion of plaintiff's documentary evidence (see Shaw v Bronfman, 284 A.D.2d 267, lv dismissed 97 N.Y.2d 725; Siegman v Rosen, 270 A.D.2d 14). This rendered plaintiff unable to establish a prima facie...

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