McGroarty v. Long Island College Hospital
Cases that cite this one
6 later published cases cite this decision.
- Then v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2012)
- Then v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2012)
- Siradze v. AVB 1865 Broadway, LLC (Appellate Division of the Supreme Court of New York 2022)
- Robert v. Azoulay Realty Corp. (Appellate Division of the Supreme Court of New York 2022)
- Pierre v. 100 Corp. (Appellate Division of the Supreme Court of New York 2012)
- Pierre v. 100 Corp. (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated January 12, 2006, as granted the motion of the defendants Long Island College Hospital, Thomasena Ellison, Sanjvan Patel, and Eli Koenig, in effect, to amend so much of an order of the same court dated October 6, 2005, as struck the answers of the defendants Thomasena Ellison, Sanjvan Patel, and Eli Koenig, unless they provided certain discovery within 30 days, to provide that the answers would not be stricken.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted the respondents’ motion, in effect, to amend so much of an order dated October 6, 2005, as conditionally struck the answers of the defendants Thomasena Ellison, Sanjvan Patel, and Eli Koenig (hereinafter the defendants), unless they provided certain discovery within 30 days, to provide that the answers would not be stricken The respondents established that they timely and substantially complied with the conditional portion of the order by submitting proof that the discovery requested did not exist or had already been provided to the plaintiffs (see Whitfield v State of New York, 28 AD3d 542, 543 [2006]; Bivona v Trump Mar. Casino Hotel Resort, 11 AD3d 574, 574-575 [2004]; Barlow v Werner Co., 295 AD2d 381 [2002]). Crane, J.P., Mastro, Santucci, Lifson and Angiolillo, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.