Ordered that the order is affirmed, with costs.
The Supreme Court issued a preliminary conference order which directed all parties to be deposed on April 22, 1999. The appellant failed to appear, and the court issued a conditional order of preclusion dated May 18, 1999, directing the appellant to appear for deposition within 60 days of the plaintiffs' filing of a note of issue. The appellant failed to comply with the order of preclusion, but moved, inter alia,...
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