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LAMONT WILSON, ETC., ET AL., respondents, v. GALICIA CONTRACTING RESTORATION CORP., ET AL., defendants, SAFWAY STEEL PRODUCTS, INC., appellant.

DECISION ORDER

ORDERED that the order dated June 18, 2003, is affirmed insofar as appealed from; and it is further,

ORDERED that the order dated October 17, 2003, is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the respondents.

As a result of the appellant's failure to timely comply with a conditional order dated May 14, 2002, that order became absolute and the appellant's answer was stricken ( see Unger v. Dover Union Free School Dist., 303 A.D.2d 677). To excuse the delay, the appellant had the burden of demonstrating a meritorious defense and a justifiable excuse for the default ( see Incorporated Vil. of Hempstead v. Jablonsky, 283 A.D.2d 553, 554; Kyriacopoulos v. Mendon Leasing Corp., 216 A.D.2d 532, 533). The appellant failed to proffer any acceptable reason for its two-year long pattern of failure to respond to discovery demands, court orders, or the conditional order to strike the answer. Given the extent of the inactivity, the Supreme Court providently exercised its discretion in striking the answer ( see Kihl v. Pfeffer, 94 N.Y.2d 118, 122-123).

The appellant's remaining contentions are without merit.

ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.

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WILSON v. GALICIA CONTR. RESTORATION CORP
(Jun 21, 2004)