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ENSLEY v. SNAPPER, INC.

62 A.D.3d 403 (2009)

879 N.Y.S.2d 71

LAMONT ENSLEY, Appellant, v. SNAPPER, INC., Respondent, et al., Defendant.

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

Decided May 5, 2009.

Plaintiff failed to comply in a timely fashion with three discovery orders, and failed to offer a reasonable excuse (see Kihl v Pfeffer, 94 N.Y.2d 118 [1999]) or set forth the merits of his claim (see Tejeda v 750 Gerard Props. Corp., 272 A.D.2d 124 [2000]) when moving to vacate the final, conditional order. Since his counsel was personally present...

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