DECISION ORDER
ORDERED that the order dated August 6, 2003, is reversed, on the law and as a matter of discretion, with costs, that branch of the motion which was to extend the time of the defendant City of New York to comply with the order dated March 14, 2003, is denied, the cross motion is granted, and the answer of the defendant City of New York is stricken.
As a result of the failure of the defendant City of New York to timely comply with an order dated March 14, 2003, which granted the plaintiff's motion to strike its answer unless it complied with discovery demands, the conditional order became absolute ( see Stewart v. City of New York, 266 A.D.2d 452). To avoid the adverse impact of the order, therefore, the City was required to demonstrate a reasonable excuse for its default and a meritorious defense to the complaint ( see Stewart v. City of New York, supra). The City failed to do so. Accordingly, the Supreme Court improvidently exercised its discretion in granting the City's motion and denying the plaintiff's cross motion.
RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.