Geltman v. St. Agnes Hospital

— In a medical malpractice action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Delaney, J.), dated July 30, 1990, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3126.

Ordered that the order is affirmed, with costs.

Although it has been held that monetary sanctions are preferred over dismissal (see, Rosner v Blue Channel Corp., 131 AD2d 654), it has also been held that where a party frustrates attempts at disclosure through deliberate and contumacious acts, dismissal is proper (see, DeMasi…