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WILMINGTON SAV. FUND SOCY., FSB v. DONALDSON

Index No. 326326/16E. Appeal No. 16018. Case No. 2021-03873.

205 A.D.3d 635 (2022)

166 N.Y.S.3d 859

2022 NY Slip Op 03465

Wilmington Savings Fund Society, FSB, Appellant, v. Ricardo Donaldson, Also Known as Ricardo E. Donaldson, et al., Defendants, and Ruby Perez, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 26, 2022.

Attorney(s) appearing for the Case

Stern & Eisenberg, P.C., Lagrangeville (Arsenio Rodriguez of counsel), for appellant.

Rajesh Barua PLLC, New York (Rajesh Barua of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Pitt, JJ.

By virtue of the issuance of a conditional order of dismissal, the motion court was "relieve[d] ... of the unrewarding inquiry into whether plaintiff's resistance [to complying with discovery] was wilful" (Mehler v Jones, 181 A.D.3d 535, 535 [1st Dept 2020] [internal quotation marks and brackets omitted]). Plaintiff failed to demonstrate a reasonable excuse for its failure to comply with the conditional order (see id. at 536...

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