CASAS v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

9744, 115106/04

116 A.D.3d 648 (2014)

987 N.Y.S.2d 15

2014 NY Slip Op 2887

LUIS CASAS, Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant.

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

Decided April 29, 2014.


The conditional preclusion order entered in Supreme Court on October 31, 2006 (the October 2006 order), which required defendant to produce certain discovery, or an affidavit explaining why it was unable to produce the discovery, within 30 days of entry of the order, was self-executing, and became absolute when defendant concededly failed to produce any supplemental responses or explanatory affidavit within the stated time frame (see Ramos v Stern,

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