Romano v. Persky

In an action, inter alia, to recover damages for medical malpractice and lack of informed consent, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated July 13, 2012, as denied those branches of their motion which were for summary judgment on the issue of liability as against the defendant Seth E. Persky, and pursuant to CPLR 3126, in effect, for the imposition of the sanction of preclusion against the defendant Seth E. Persky for his failure to comply with a discovery demand.

Ordered that the order is…