Velez v. Clemenza

In a negligence action to recover damages for personal injuries, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Vinik, J.), dated October 6, 1989, as granted the plaintiffs’ motion for summary judgment on the issue of liability.

*392Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant was properly precluded from offering any evidence on the issue of liability at trial based on her failure to comply with the Supreme Court’s conditional order of preclusion (see, Kaire v Trump Mgt., 140 AD2d 494; Bernstein…