Ferro v. Lee

In an action to recover damages for medical malpractice and wrongful death, etc., the defendant appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated November 2, 2006, which denied his motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

A trial court has broad discretion in supervising discovery (see generally Vasile v Chisena, 272 AD2d 610 [2000]). Here, since the defendant did not establish willful noncompliance with CPLR 3101 (d) on the plaintiffs’ part, the Supreme Court providently exercised its discretion in permitting the plaintiffs…