March 9, 2021

A conditional order of preclusion.

Where defendants ignored a so-ordered stipulation which was a conditional order of preclusion, they are precluded from adducing evidence at trial. The order became self-executing when defendants took no action within the 30-day time limit in which they were to provide the requested discovery or "request [an] immediate conference" to explain why they could not do so. Defendants did neither.

Papadopoulos v. Metropolitan Transp. Auth., NY Slip Op 01434 (1st Dep't March 4, 2021)

Here is the decision.