Defendant moved for dismissal of the complaint on the ground that plaintiff was unable to make out a prima facie case, having been precluded from offering any testimony at trial based on his violation of a prior conditional preclusion order. The conditional preclusion order gave plaintiff 30 days from service of the order to submit to a deposition and provide all outstanding discovery. It is uncontested that plaintiff did not comply with the order. Upon failing to comply...
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