Opinion
March 31, 1998
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Plaintiff's conclusory denial of defendants' detailed factual presentation demonstrating plaintiff's willful failure to provide discovery, as directed in a conditional order of dismissal, was insufficient to raise a factual issue requiring a hearing, and striking the complaint was a proper exercise of discretion ( see, Perez v. New York City Hous. Auth., 229 A.D.2d 310; Doino v. Meltzer, 208 A.D.2d 798). Plaintiff's excuse for not laying bare its proof on the original motion to strike the complaint was not sufficient to warrant the introduction of additional evidence on a motion to renew ( see, Ramsco, Inc. v. Riozzi, 210 A.D.2d 592). Plaintiff's claim that it was denied due process by the motion court's reliance on a Special Master's recommendation respecting discovery is improperly raised for the first time on appeal ( see, Szigyarto v. Szigyarto, 64 N.Y.2d 275, 280), and we decline to consider it.
Concur — Milonas, J. P., Wallach, Rubin and Mazzarelli, JJ.