Practice point: A conditional order of preclusion requires a party to provide certain discovery by a date certain, or face the sanctions specified in the order. If the party fails to produce the discovery by the specified date, the conditional order becomes absolute.
Student note: To be relieved of the adverse impact of the conditional order, a party is required to demonstrate a reasonable excuse for the failure to comply with the order and the existence of a potentially meritorious defense.
Case: Naiman v. Fair Trade Acquisition Corp., NY Slip Op 05830 (2d Dep't July 26, 2017)
Here is the decision.
Tomorrow's issue: Stipulations of settlement and judgments of divorce.
