Baumann v. Dee

In a medical malpractice action, the defendant appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated April 7, 1983, which denied his motion to dismiss the complaint. 11 Order reversed, on the law, with costs, motion granted and complaint dismissed. H While the dismissal of a complaint under CPLR 3126 is a harsh remedy for failure to comply with a court order for discovery, it is nonetheless called for under the circumstances of this case. Plaintiff’s failure to comply with the original order to disclose and the two subsequent conditional orders must be characterized…