Legal Opinion
Yona v. Beth Israel Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2001PublishedCited by 11 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Patterson, J.), dated August 8, 2000, which granted the defendants’ respective motions pursuant to CPLR 3126 to dismiss the complaint.
Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
Pursuant to CPLR 3126 (b) (3), the Supreme Court possesses the discretion, inter alia, to dismiss an action as a sanction for willful discovery defaults. ‘While the nature and degree of the…
2Cases cited4 opinions
- Birch Hill Farm, Inc. v. ReedAppellate Division of the Supreme Court of the State of New York · 2000
- Ranfort v. Peak Tours, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Polanco v. DuranAppellate Division of the Supreme Court of the State of New York · 2000
- Martignetti v. RicevutoAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by11 opinions
- Blackwell v. Long Island College HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Blake v. ChawlaAppellate Division of the Supreme Court of the State of New York · 2002
- Bernal v. SinghAppellate Division of the Supreme Court of the State of New York · 2010
- Kyung Soo Kim v. Goldmine Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Bort v. PerperAppellate Division of the Supreme Court of the State of New York · 2011
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