Suto v. Folkes Heating, Cooling & Burner Service, Inc.

In an action, inter alia, to recover damages for negligence, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated November 26, 2003, which granted the defendants’ motion pursuant to CPLR 3126 to dismiss the complaint for failure to comply with court-ordered discovery.

Ordered that the order is modified, on the facts and as a matter of discretion, by deleting the provision thereof granting the motion and substituting therefor a provision granting the motion to the extent of precluding the plaintiffs from presenting evidence of any item of damages for…