Majority
In an action to recover damages for medical malpractice, the defendants separately appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Kings County (Ruditzky, J.), dated January 6, 2005, as denied, with leave to renew, their respective motions pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against them based upon the plaintiffs failure to comply with a prior order of the same court (Steinhardt, J.) dated June 24, 2004, requiring her to comply with certain discovery requests within 45 days or be precluded from offering evidence as to that material.
Ordered that the order dated January 6, 2005 is affirmed, with one bill of costs.
Contrary to the appellants’ contentions, the Supreme Court
The appellants’ remaining contentions are either without merit or improperly raised for the first time on appeal. Florio, J.P., Ritter, Krausman and Covello, JJ., concur.
Cases cited
- Dondi v. Jones 40 NY2d 8 p. 425
- Nong Yaw Trakansook v. 39 Wood Realty Corp. 18 AD3d 633 p. 425
- Brandes v. North Shore University Hospital 22 AD3d 777 p. 425