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ANNE MARRONE, respondent, v. ORSON HOLDING CORP., ET AL., appellants.

ORDERED that the order is affirmed, with costs.

As a result of the defendants' failure to produce a witness for a deposition on or before May 17, 2002, the conditional order dated April 17, 2002, became absolute (see Stewart v. City of New York, 266 A.D.2d 452; Clissuras v. Concord Vil. Owners, 233 A.D.2d 475). To be relieved of the adverse impact of the order of dismissal, the defendants were required to demonstrate a reasonable excuse for their failure to produce a witness for the deposition and the existence of a meritorious defense (see Macancela v. Pekurar, 286 A.D.2d 320). The defendants failed to satisfy this standard.

FLORIO, J.P., S. MILLER, FRIEDMANN, TOWNES and MASTRO, JJ., concur.

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MARRONE v. ORSON HOLDING CORP
(Feb 4, 2003)