Martin v. Salvage

—Order unanimously reversed on the law without costs, motion granted and complaint against defendant Victor DeSimone dismissed. Memorandum: In August 1994 Victor DeSimone (defendant) served demands for a bill of particulars and various disclosure items. Plaintiff did not timely respond to those demands and, on June 20, 1995, a 30-day conditional order of preclusion was entered. Plaintiff failed to comply with that order and, on December 18, 1995, defendant moved for summary judgment dismissing the complaint against him. Supreme Court extended plaintiff’s time to respond to defendant’s demands…