Opinion
March 11, 1997.
Judgment, Supreme Court, New York County (Herman Cahn, J.), entered December 7, 1995, insofar as appealed from, dismissing the complaint as against defendants-respondents, and bringing up for review an order which granted defendants-respondents' motions for summary judgment based on Plaintiff's failure to comply with a conditional preclusion order, unanimously affirmed, with costs. The appeal from the order is dismissed, without costs, as subsumed within the appeal from the judgment.
Before: Murphy, P.J., Williams, Tom and Mazzarelli, JJ.
Plaintiff's consistent failure to comply with outstanding orders, especially his failure to comply with a conditional preclusion order from which an appeal was never perfected, warrants the drastic relief of dismissal in the absence of a reasonable excuse for the failure to comply ( see, Becerril v Skate Way Roller Rink, 184 AD2d 365; Mann v Dachel, 210 AD2d 461). We have considered Plaintiff's remaining contentions and find them to be without merit.