Fiorentino v. Jaques

In this action to recover damages for professional malpractice, the plaintiffs move to strike out the answer of the defendant, Dr. Kugler, upon the ground that he has willfully refused to answer interrogatories propounded pursuant to rule 3134 of the Civil Practice Law and Rules.

The application is opposed upon the ground that the plaintiffs were not entitled to the procedural disclosure device in the first instance (CPLR 3130), since the statute limits this method of disclosure to actions “ other than in an action to recover damages for * * * a personal injury, resulting from negligence, or…