MARRONE v. ORSON HOLDING CORP

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.