Moona v Double A Prop. Assoc.--Turner

[*1] Moona v Double A Prop. Assoc.--Turner 2005 NY Slip Op 50243(U) Decided on March 2, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 2, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: March 2, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2004-649 K C

Andre Moona, Appellant,

against

Double A Property Assoc - Turner, Respondent.

Appeal by plaintiff from an order of the Civil Court, Kings County (P. Sweeney, J.), entered March 5, 2004, granting defendant's motion for summary judgment dismissing the complaint.

Order unanimously affirmed without costs.

In an action to recover for property damage, plaintiff appeals from an order granting defendant's motion for summary judgment dismissing the complaint based on plaintiff's noncompliance with a conditional order of preclusion. Generally, a conditional order becomes absolute upon a party's failure to comply with its terms (see Michaud v City of New York, 242 AD2d 369 [1997]). In order to successfully oppose defendant's motion, plaintiff had to establish both a meritorious cause of action and a reasonable excuse for his failure to comply with said order (see e.g. Tolliver v County of Nassau, 231 AD2d 708 [1996]). Inasmuch as plaintiff made no such showing, we find that the court below properly granted defendant's motion. [*2]
Decision Date: March 02, 2005