Duque v. Ortiz

— In a personal injury action predicated upon medical malpractice, the defendants separately appeal, as limited by their briefs, from so much of an order of the Supreme Court, Queens County (Santucci, J.), dated February 24, 1988, as upon reargument, "resettled” a prior order of the same court, dated October 26, 1987, made upon the plaintiffs default, by granting the defendants’ respective motions to dismiss the complaint due to the plaintiffs failure to comply with a March 23, 1987 discovery order only if the plaintiff failed to comply with that order within 30 days from the date of service…