Wierzbicki v. Mathew

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Huttner, J.), entered February 23, 2004, which, upon the granting of the defendant’s motion pursuant to CPLR 4401 *477for judgment as a matter of law made at the close of the plaintiffs case, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff’s contention, it was a provident exercise of discretion to preclude the admission into evidence of magnetic resonance imaging films in fight of the plaintiffs failure to comply with…