Opinion
July 11, 1967
Order entered on July 8, 1966, unanimously affirmed, with $10 costs and disbursements to respondent. No opinion. Appeal from order entered on September 12, 1966, dismissed, without costs and without disbursements, as nonappealable. No opinion. Orders entered November 1, 1966 and December 2, 1966, unanimously modified, on the law and the facts and in the interests of justice, and the dismissal vacated, on condition that appellant pay a bill of costs to date and $500 counsel fee and submit to examination before trial and serve a bill of particulars in accordance with the demand, and as so modified, affirmed, with $10 costs and disbursements to respondent. The procedural morass results from plaintiff's failure to comply with pretrial discovery orders. A party may not fail to comply therewith without the consent of his adversary or an appropriate court stay. The unilateral disregard of the directions of the court serves to unnecessarily delay a disposition on the merits, and imposes unnecessary legal expense on the adverse party. We would be disposed to affirm the dismissal of the complaint were it not for appellant's mistaken reliance on the legal effect of the application for a stay. Order entered February 8, 1967, unanimously affirmed, with $10 costs and disbursements to respondent. No opinion.
Concur — Steuer, J.P., Capozzoli, McNally, McGivern and Witmer, JJ.