Spinello v. Abortion Services of O.B.G.Y.N. Associates Medical Pavilion

In an action to recover damages for medical malpractice, etc., the defendant Michael M. Levi appeals from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated January 15, 1991, as denied his motion for dismissal of the complaint against him pursuant to CPLR 3126 for the plaintiffs’ failure to submit to examinations before trial.

Ordered that the order is reversed insofar as appealed from, on the law and as matter of discretion, with costs, the motion is granted, the complaint against the appellant is dismissed, and the action against the remaining defendants is severed.

T…