Opinion
December 27, 1994
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the order dated May 24, 1993, is reversed insofar as appealed from, on the law, the defendants' cross motion is granted, and the complaint is dismissed; and it is further,
Ordered that the order and judgment dated January 10, 1994, is vacated, in light of the determination on the appeal from the order dated May 24, 1993, and the appeal from that order and judgment is dismissed as academic; and it is further,
Ordered that the defendants are awarded one bill of costs.
It is well established that in order for a plaintiff to avoid the adverse impact of a conditional order of preclusion, it is incumbent upon the plaintiff either to comply with the order or to demonstrate an excusable default and the existence of a meritorious claim (see, Felicciardi v Town of Brookhaven, 205 A.D.2d 495; Price v Salvo, 203 A.D.2d 349; Becerril v Skate Way Roller Rink, 184 A.D.2d 365; Donovan v Getty Petroleum Corp., 174 A.D.2d 706). Since the plaintiff did not comply with the order of preclusion, and did not demonstrate an excusable default or a meritorious claim, the complaint must be dismissed.
In light of our determination, the order and judgment granting the plaintiff summary judgment on his malicious prosecution cause of action is vacated. Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.