Redmond v. Jamaica Hospital Medical Center

In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J), entered September 16, 2008, which denied her motion to vacate an order of the same court dated April 10, 2008, sua sponte, precluding her from conducting examinations before trial of the defendants Kenneth Fretwell and Jeffrey Chan pursuant to CPLR 3126.

Ordered that the order entered September 16, 2008 is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the motion to vacate the order…