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Santiago v. City of New York

71 A.D.3d 468 Court N.Y. App. Div. Decision date 2010-03-09 English

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p. 468
Carlos Santiago, Appellant, v City of New York et al., Respondents, et al., Defendants.
[894 NYS2d 873]

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about March 6, 2009, which granted defendants-respondents’

p. 469
motions pursuant to CPLR 3126 dismissing the complaint as against them, unanimously affirmed, without costs.

The complaint was properly dismissed for persistent, unexplained noncompliance with four disclosure orders, including a self-executing conditional order of dismissal that was granted on default and became absolute (see AWL Indus., Inc. v QBE Ins. Corp., 65 AD3d 904 [2009]; Min Yoon v Costello, 29 AD3d 407 [2006]). Concur—Tom, J.P., Friedman, Sweeny, Nardelli and Abdus-Salaam, JJ.

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