Matusewicz v. Jo Jo's Auto Parts, Inc.

*829In an action to recover damages for personal injuries, etc., the plaintiff appeals from a judgment of the Supreme Court, Richmond County (Minardo, J.), entered March 25, 2004, which, upon an order of the same court dated February 6, 2004, granting the defendants’ motion pursuant to CPLR 3126 to dismiss the complaint for failure to comply with court-ordered discovery, dismissed the complaint. The notice of appeal from the order dated February 6, 2004, is deemed to be a notice of appeal from the judgment (see CPLR 5512 [a]).

Ordered that the judgment is reversed, on the law, without costs or…