Depo v. Marine Midland Bank

Order unanimously reversed, with costs, motion granted and complaint dismissed. Memorandum: We have held that a party seeking to excuse noncompliance with a preclusion order must meet a “heavy burden” of explanation (Call v Smith, 34 AD2d 1092). Plaintiffs in this case have failed to satisfy that standard and Special Term should not have excused their failure to submit timely answers to defendant’s interrogatories. The only excuse offered is the conclusory statement contained in the affidavit of their attorney of “extensive reorganization and legal problems” and an affidavit of one of the…