Melo v. Pagano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*718By order dated February 16, 1999, the Supreme Court, Queens County, issued an order precluding the plaintiff from offering evidence at trial unless she responded to the defendant’s discovery demands within a certain time. Upon the plaintiffs failure to comply with the conditional order of preclusion, the defendant moved for summary judgment dismissing the complaint. In response, the plaintiff cross-moved, inter alia, to vacate her default in opposing the motion to preclude. The Supreme Court denied the motion for summary judgment and, in effect, granted the plaintiffs cross motion. We affirm.
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