Evans v. County of Nassau

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Feuerstein, J.), dated June 27, 1996, which denied their motion for summary judgment dismissing the complaint due to the plaintiffs’ failure to fully comply with a conditional order of preclusion of the same court, dated September 8, 1995.

Ordered that the order is affirmed, with costs.

Contrary to the defendants’ contention, the failure to fully comply with an order of preclusion may be excused where, inter alia, the defaulting party proffers a reasonable excuse for…