Where the plaintiff failed to comply with a conditional order of preclusion requiring her to produce authorizations relating to treatment for her preexisting conditions, the order became absolute. As the order precluded her from offering evidence as to damages at trial, plaintiff would be unable to prove her prima facie case, and the action was dismissed. The defendants were not required to show prejudice as a result of the plaintiff's noncompliance.
Diaz v. Maygina Realty LLC, NY Slip Op 01697 (1st Dep't March 12, 2020)
Here is the decision.
