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FLORENCE KEPPLE, Appellant, v. J. HILL ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Respondents. BANK OF NEW YORK, Third-Party Defendant-Respondent.

Ordered that the order is affirmed, with costs.

As a consequence of the plaintiff's failure to comply with a conditional order of dismissal, that order became absolute ( see, Tirone v. Staten Is. Univ. Hosp., 264 A.D.2d 415; Askenazi v. Hymil Mfg. Co., 263 A.D.2d 443). To be relieved from the adverse impact of the order of dismissal, the plaintiff had to demonstrate a reasonable excuse for her failure to timely comply with the discovery demands, and the existence of a meritorious cause of action ( see, Barriga v. Sapo, 250 A.D.2d 795; Michaud v. City of New York, 242 A.D.2d 369; Cobble Hill Nursing Home v. Griffo, 240 A.D.2d 459). The plaintiff did not meet this burden, and therefore dismissal of the action was proper.

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KEPPLE v. J. HILL ASSOCIATES
(Aug 7, 2000)