Spina v. Jack D. Weiler Hospital of the Albert Einstein College of Medicine

*312Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered April 9, 2004, which denied defendants’ motion for summary judgment dismissing the complaint, or alternatively, for dismissal of the action based upon plaintiffs failure to comply with prior discovery orders, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff was exposed to and tested positive for tuberculosis after visiting her mother at a facility operated by defendants. Plaintiff subsequently commenced the instant…