Bullock v. Wehner

Appeal from that part of an order of the Supreme Court (Kramer, J.), entered December 9, 1998 in Schenectady County, which, inter alia, denied defendant’s motion to dismiss the complaint on the ground of res judicata.

This negligence action, commenced in January 1996, stems from a motor vehicle accident which occurred a year earlier. As a consequence of plaintiff’s failure to appear for scheduled depositions on various dates, Supreme Court (Caruso, J.) ordered that discovery be completed by November 28, 1997. When plaintiff missed all three subsequently scheduled deposition dates and the…