BARBERA v. DeROSTAING

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted unconditionally, and the complaint is dismissed.

In view of the plaintiffs' failure to provide any reasonable excuse for their extensive delay in serving their bill of particulars, their failure to comply with the court's conditional order of preclusion, and their failure to submit an affidavit of merit, the appellant's motion for summary judgment dismissing the complaint should have been granted unconditionally and the complaint dismissed (see, La Buda v Brookhaven Mem. Hosp. Med. Center, 98 A.D.2d 711, affd 62 N.Y.2d 1014; Bailey v North Shore Univ. Hosp., 91 A.D.2d 967, affd 59 N.Y.2d 748). Mollen, P.J., Mangano, Eiber and Sullivan, JJ., concur.