Kaplan v. Elkind

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nicolai, J.), entered May 5, 1993, which granted the defendants’ motion to dismiss the action pursuant to CPLR 3126 (3).

Ordered that the order is affirmed, with costs.

The record demonstrates that the plaintiffs failed to fully comply with court orders directing full discovery, and offered inadequate excuses for their noncompliance. Moreover, even after the court ordered full compliance with the defendants’ discovery demands, the plaintiffs still delayed…