Bufogle v. Pesiri

In an action to recover damages *834for wrongful death arising from medical malpractice, the defendant appeals from so much of an order of the Supreme Court, Queens County (Durante, J.), dated October 6, 1988, as, upon reargument, adhered to the original determination denying his motion to dismiss the complaint or, in the alternative, to preclude the plaintiff from presenting evidence of loss of earnings based upon a failure to comply with discovery orders.

Ordered that the order is modified, by deleting therefrom the provision adhering to the original determination denying that branch of the…