Silva v. Lakins

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 1, 2013, which granted defendant’s motion to dismiss the complaint and denied plaintiff’s cross motion to vacate a prior conditional preclusion order, unanimously affirmed, without costs.

Defendant moved for dismissal of the complaint on the ground that plaintiff was unable to make out a prima facie case, having been precluded from offering any testimony at trial based on his violation of a prior conditional preclusion order. The conditional preclusion order gave plaintiff 30 days from service of the order to submit to a…