Plaintiff failed to comply in a timely fashion with three discovery orders, and failed to offer a reasonable excuse ( see KM v Pfeffer, 94 NY2d 118) or set forth the merits of his claim ( see Tejeda v 750 Gerard Props. Corp., 272 AD2d 124) when moving to vacate the final, conditional order. Since his counsel was personally present when the earlier order was issued, plaintiff was on notice of it and bound by its provisions ( see Matter of Raes Pharm. v Perales, 181 AD2d 58, 61-62).