AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

JUDITH ASKENAZI, appellant, v. HYMIL MANUFACTURING COMPANY, INC., defendant third-party plaintiff-respondent; Crantex Fabrics, etc., et al., third-party defendants-respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

As a result of the plaintiff's failure to comply with a conditional order of preclusion dated February 20, 1998, that conditional order became absolute ( see, Michaud v. City of New York, 242 A.D.2d 369, 370; Clissuras v. Concord Vil. Owners, 233 A.D.2d 475). In order to avoid the adverse impact of the conditional order of preclusion, the plaintiff was required to either comply with the order or to demonstrate an excusable default and the existence of a meritorious claim ( see, Mann v. Dachel, 210 A.D.2d 461, 462; Felicciardi v. Town of Brookhaven, 205 A.D.2d 495, 496). In the instant case, the plaintiff did neither.

Use AI to get other relevant cases.

Comments

ASKENAZI v. HYMIL MANUFACTURING CO. INC
(Jul 6, 1999)