Practice point: To obtain relief from a conditional order of preclusion, the defaulting party must demonstrate a reasonable excuse for the failure to produce the requested items and the existence of a potentially meritorious claim or defense.
Student note: In its discretion, a court may find that law office failure is a reasonable excuse.
Csse: C.C. v. Vargas, NY Slip Op 06424 (2d Dep't September 13, 2017)
Here is the decision.
