Santiago v City of New York

Santiago v City of New York 2010 NY Slip Op 01847 [71 AD3d 468] March 9, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 28, 2010

Carlos Santiago, Appellant,
v
City of New York et al., Respondents, et al., Defendants.

—[*1] Mallilo & Grossman, Flushing (Francesco Pomara, Jr. of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Stephen J. McGrath of counsel), for City of New York, respondent.

Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for Milea Truck Sales Corp. and M.T.S. Realty Corp., respondents.

Law Offices of Peter D. Assail, LLC, New York (Peter D. Assail of counsel), for Cibao Meat Products Inc., respondent.

Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for 38-40 Food Corp., respondent.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about March 6, 2009, which granted defendants-respondents' motions pursuant to CPLR 3126 dismissing the complaint as against them, unanimously affirmed, without costs.

The complaint was properly dismissed for persistent, unexplained noncompliance with four disclosure orders, including a self-executing conditional order of dismissal that was granted on default and became absolute (see AWL Indus., Inc. v QBE Ins. Corp., 65 AD3d 904 [2009]; Min Yoon v Costello, 29 AD3d 407 [2006]). Concur—Tom, J.P., Friedman, Sweeny, Nardelli and Abdus-Salaam, JJ.