Video-Cinema Films, Inc. v. Migdal

—Judgment, Supreme Court, New York County (Herman Cahn, J.), entered June 13, 1997, dismissing the complaint, and bringing up for review an order of the same court and Justice, entered April 22, 1997, granting defendants’ motion to enforce a conditional order of preclusion, unanimously affirmed, with costs. Appeal from the aforesaid order, unanimously dismissed, without costs, as subsumed within the appeal from the June 13, 1997 judgment.

Plaintiffs repeated failure to comply with outstanding discovery demands, and a conditional order of preclusion, justified the drastic relief of dismissal in…