The Appellate Division affirmed the denial of plaintiff's motions to restore the case to active status and extend its time to file a note of issue, and to vacate a prior order dismissing the complaint. The court providently exercised its discretion in dismissing the complaint after plaintiff, over a period of 1 1/2 years, violated multiple orders to produce documentary discovery, and, finally, failed to comply with the orders even after the court had, over defendants' rigorous objections, given him "one last chance." Plaintiff failed to support either his motion to restore or his motion to vacate with an excuse for his repeated failure to comply, or a demonstration of a meritorious claim.
White v. City of New York, NY Slip Op 05477 (1st Dep't October 6, 2020)
