Opinion
89130
Decided and Entered: January 24, 2002.
Appeal from an order of the Supreme Court (Demarest, J.), entered November 22, 2000 in Franklin County, which, inter alia, denied a motion by defendant Adirondack Medical Center to dismiss the complaint for failure to comply with a prior order.
Thuillez, Ford, Gold Johnson L.L.P. (Michael J. Hutter of counsel), Albany, for appellant.
Poissant, Nichols Grue P.C. (Judith A. Pareira of counsel), Malone, for respondent.
Before: Cardona, P.J., Mercure, Crew III, Spain and, Carpinello, JJ.
MEMORANDUM AND ORDER
In view of the fact that plaintiff furnished defendant Adirondack Medical Center with a facially sufficient bill of particulars during the pendency of the present motion and considering that no conditional order was ever issued against plaintiff, we are not persuaded that Supreme Court abused its broad discretion in refusing to impose the ultimate sanction of dismissal (see, Ashline v. Kestner Engrs., 219 A.D.2d 788, 790; Matter of Landrigen v. Landrigen, 173 A.D.2d 1011, 1012). Any objections that Adirondack may have to plaintiff's June 16, 2000 second supplemental amended bill of particulars may be addressed in a further motion.
Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur.
ORDERED that the order is affirmed, with costs.