Giery v. Presbyterian Hosp. in City of N.Y

Full title: RICHARD GIERY, Appellant, v. PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 2, 1993

199 A.D.2d 3 (N.Y. App. Div. 1993)

604 N.Y.S.2d 97

Opinion

December 2, 1993

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

The conditional order of dismissal, as against the movant, was within the court's broad discretion where, as here, plaintiff failed repeatedly and without adequate excuse to fully comply with the prior discovery orders (Zletz v Wetanson, 67 N.Y.2d 711, 713). Specifically, there can be no excuse for plaintiff's repeated failure to produce medical bills which support his claim. In the event plaintiff establishes that no tax returns were filed for the relevant period, and that compliance in that respect is therefore impossible, the IAS Court will take appropriate measures in further proceedings.

Concur — Murphy, P.J., Carro, Ross and Asch, JJ.