Mahopac Ophthalmology, P.C. v. Tarasevich

In an action, inter alia, to recover damages for unfair competition, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (LaCava, J.), entered September 3, 2003, which, upon granting the plaintiffs request to extend its time to comply with a prior order of disclosure of the same court dated July 22, 2003, granted the defendant’s request, in effect, pursuant to CPLR 3126 for a conditional order of preclusion by providing that if the plaintiff failed to comply with the new disclosure deadline without good cause, the complaint would be dismissed, and (2) an order of…