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MARRONE v. ORSON HOLDING CORP.

302 A.D.2d 371 (2003)

753 N.Y.S.2d 899

ANNE MARRONE, Respondent, v. ORSON HOLDING CORP. et al., Appellants.

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

Decided February 3, 2003.

Ordered that the order is affirmed, with costs.

As a result of the defendants' failure to produce a witness for a deposition on or before May 17, 2002, the conditional order dated April 17, 2002, became absolute (see Stewart v City of New York, 266 A.D.2d 452; Clissuras v Concord Vil. Owners, 233 A.D.2d 475). To be relieved of the adverse impact of the order

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