Pellegrino v. Salzberg

—In an action to recover damages for medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered May 19, 1999, which denied their motion to vacate an order of the same court, dated April 21, 1999, which sua sponte dismissed the complaint pursuant to CPLR 3126 (3) upon the plaintiffs’ failure to comply with prior orders of the same court directing disclosure.

Ordered that the order is affirmed, with costs.

By order dated April 21, 1999, the Supreme Court sua sponte dismissed the complaint pursuant to CPLR 3126 (3) upon the plaintiffs’…