Video-Cinema Films, Inc. v. Seaboard Surety Co.

Judgment, Supreme Court, New York County (Herman Cahn, J.), entered December 7, 1995, insofar as appealed from, dismissing the complaint as against defendants-respondents, and bringing up for review an order which granted defendants-respondents’ motions for summary judgment based on plaintiffs failure to comply with a conditional preclusion order, unanimously affirmed, with costs. The appeal from the order is dismissed, without costs, as subsumed within the appeal from the judgment.

Plaintiffs consistent failure to comply with outstanding orders, especially his failure to comply with a…