Legal Opinion
Samuels v. Montefiore Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 15 opinions
1Opinion of the Court
On January 26, 2005, after plaintiff in this medical malpractice action failed to comply with a November 2002 preliminary conference order and an August 2003 compliance conference order, Justice Tuitt conditionally precluded him from offering evidence at trial unless he provided all outstanding discovery within 45 days. Plaintiff never sought vacatur of that conditional order. At the scheduled status conference on March 21, 2005, Justice Tuitt found that plaintiff still had not complied with the prior orders and issued a “self executing order of preclusion.” Defendants moved in January 2006…
2Cases cited2 opinions
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1990
- Zapco 1500 Investment L.P. v. WienerAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by15 opinions
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- Arzuaga v. TejadaAppellate Division of the Supreme Court of the State of New York · 2015
- 1591 Second Ave. LLC v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2022
- Meslin v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2014
- Bacchus v. Bronx Lebanon Hosp. Ctr.Appellate Division of the Supreme Court of the State of New York · 2021
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