Appellate Division of the Supreme Court of New York, 1998

Medina v. Bronx-Lebanon Hospital Center

Medina v. Bronx-Lebanon Hospital Center
Appellate Division of the Supreme Court of New York · Decided October 1, 1998
254 A.D.2d 25; 678 N.Y.S.2d 260; 1998 N.Y. App. Div. LEXIS 9930
Medina v. Bronx-Lebanon Hospital Center

Opinion of the Court

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

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