Practice point: Plaintiff’s motion to vacate a conditional preclusion order will be denied after plaintiff failed to comply with three discovery orders, and did not offer a reasonable excuse for those failures or set forth the merits of the claim.
Practitioners should note that since counsel was present when the order was issued, plaintiff was on notice of it and is bound by its provisions.
Case: Ensley v. Snapper, Inc., NY Slip Op 03594 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Legal malpractice.
You will find another instructive case here.
