EVANS HANKINS v. COUNTY OF NASSAU (1997)

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Feuerstein, J.), dated June 27, 1996, which denied their motion for summary judgment dismissing the complaint due to the plaintiffs' failure to fully comply with a conditional order of preclusion of the same court, dated September 8, 1995.

ORDERED that the order is affirmed, with costs.

Contrary to the defendants' contention, the failure to fully comply with an order of preclusion may be excused where, inter alia, the defaulting party proffers a reasonable excuse for its neglect, shows the existence of a meritorious cause of action and its intention to prosecute the action, and there is an absence of prejudice to the opposing party (see, Richardson v. Martorano, 184 A.D.2d 557, 586 N.Y.S.2d 756;  Glen Travel Plaza v. Anderson Equip. Corp., 122 A.D.2d 327, 504 N.Y.S.2d 298;  Epstein v. Lenox Hill Hosp., 108 A.D.2d 616, 617-618, 485 N.Y.S.2d 72;  Heffney v. Brookdale Hosp. Center, 102 A.D.2d 842, 476 N.Y.S.2d 609).   Under the circumstances of this case, we find no reason to disturb the order appealed from.

MEMORANDUM BY THE COURT.