Opinion
No. 2317.
March 9, 2010.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about March 6, 2009, which granted defendants-respondents' motions pursuant to CPLR 3126 dismissing the complaint as against them, unanimously affirmed, without costs.
Mallilo Grossman, Flushing (Francesco Pomara, Jr. of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Stephen J. McGrath of counsel), for City of New York, respondent.
Molod Spitz DeSantis, P.C., New York (Marcy Sonneborn of counsel), for Milea Truck Sales Corp. and M.T.S. Realty Corp., respondents.
Law Offices of Peter D. Assail, LLC, New York (Peter D. Assail of counsel), for Cibao Meat Products Inc., respondent.
Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for 38-40 Food Corp., respondent.
Before: Tom, J.P., Friedman, Sweeny, Nardelli and Abdus-Salaam, JJ.
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; Min Yoon v Costello, 29 AD3d 407).