Shaw v. DeStephano

Appellate Division of the Supreme Court of New York

Shaw v. DeStephano

134 A.D.2d 492, 521 N.Y.S.2d 402, 1987 N.Y. App. Div. LEXIS 50687

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 1987·Published

Opinion

In an action, inter alia, to recover damages for trespass, the plaintiff appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated June 25, 1986, which granted the motion of the respondents for summary judgment based upon her failure to comply with a conditional order of preclusion of the same court (Robbins, J.), dated December 20, 1985.

Ordered that the order is affirmed, with costs.

On the record before us, Special Term did not abuse its discretion in declining to relieve the plaintiff of her default in complying with the conditional order of preclusion. Mollen, P. J., Bracken, Rubin, Kooper and Spatt, JJ., concur.

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In an action, inter alia, to recover damages for trespass, the plaintiff appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated June 25, 1986, which granted the motion of the respondents for summary judgment based upon her failure to comply with a conditional order of preclusion of the same court (Robbins, J.), dated December 20, 1985.

Ordered that the order is affirmed, with costs.

On the record before us, Special Term did not abuse its discretion in declining to relieve the plaintiff of her default in complying with the conditional order of preclusion. Mollen, P. J., Bracken, Rubin, Kooper and Spatt, JJ., concur.

Shaw v. DeStephano, 134 A.D.2d 492, 521 N.Y.S.2d 402, 1987 N.Y. App. Div. LEXIS 50687 (N.Y. Ct. App. 1987).

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