Where plaintiff violated the court's conditional order of preclusion by failing to produce a witness for a scheduled deposition, and failed to demonstrate either a reasonable excuse for the failure to comply or a meritorious claim, the court may deny plaintiff's motion to allow the deposition to proceed. The court is not required to find that the failure to comply was willful.
Center Sheet Metal v. Cannon Design, Inc., NY Slip Op 04010 (1st Dep't July 15, 2020)
Here is the decision.
