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Santiago v. City of New York

March 9, 2010

CARLOS SANTIAGO, PLAINTIFF-APPELLANT,
v.
CITY OF NEW YORK, ET AL., DEFENDANTS-RESPONDENTS,
LUIS DIAZ, ET AL., DEFENDANTS.



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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Friedman, Sweeny, Nardelli, Abdus-Salaam, JJ.

18349/04

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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100309

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