Marrone v. Orson Holding Corp.

• Decision Date: 03 February 2003
• Citation: Marrone v. Orson Holding Corp., 302 A.D.2d 371, 753 N.Y.S.2d 899 (N.Y. App. Div. 2003)
• Parties: ANNE MARRONE, Respondent,<BR>v.<BR>ORSON HOLDING CORP. et al., Appellants.
• Court: New York Supreme Court — Appellate Division

302 A.D.2d 371

753 N.Y.S.2d 899

ANNE MARRONE, Respondent,

v.ORSON HOLDING CORP. et al., Appellants.

Decided February 3, 2003.

Florio, J.P., S. Miller, Friedmann, Townes and Mastro, JJ., concur.

Ordered that the order is affirmed, with costs.

As a result of the defendants' failure to produce a witness for a deposition on or before May 17, 2002, the conditional order dated April 17, 2002, became absolute (see Stewart v City of New York, 266 AD2d 452; Clissuras v Concord Vil. Owners, 233 AD2d 475). To be relieved of the adverse impact of the order of dismissal, the defendants were required to demonstrate a reasonable excuse for their failure to produce a witness for the deposition and the existence of a meritorious defense (see Macancela v Pekurar, 286 AD2d 320). The defendants failed to satisfy this standard.