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Medina v. Bronx-Lebanon Hospital Center

254 A.D.2d 25 Court N.Y. App. Div. Decision date 1998-10-01 English

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Majority

p. 25
Kassandra Medina et al., Respondents, v Bronx-Lebanon Hospital Center et al., Defendants, and Trix Canlas, as Administratrix of the Estate of Jean P. Turingan, Deceased, et al., Appellants.
[678 NYS2d 260]

Order, Supreme Court, Bronx County (Howard Silver, J.), entered January 17, 1997, which granted defendants-appellants’ motion to dismiss the complaint for failure to comply with prior orders directing a further bill of particulars and further expert disclosure “only to the extent of precluding plaintiff” unless she serves a further bill of particulars and further expert disclosure in compliance with the prior orders within 30 days of the co-defendants’ depositions, unanimously affirmed, without costs.

The order on appeal appropriately balances defendants’ disclosure demands and plaintiff’s prompt and good faith ef

p. 26
forts to comply with prior orders. Concur — Milonas, J. P., Rosenberger, Ellerin and Andrias, JJ.