Gonzalez v. Paniccioli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Krausman, J.), dated November 28, 1989, which granted the defendants’ motion to dismiss the complaint.
Ordered that the order is affirmed, without costs or disbursements.
We find that the Supreme Court did not improvidently exercise its discretion in dismissing the complaint due to the plaintiffs’ failure to disclose (see, CPLR 3126). A preliminary conference order dated October 18, 1985, directed the infant plaintiff to submit to a physical examination within 60…
2Cases cited4 opinions
- Moriates v. Powertest Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Foti v. SueroAppellate Division of the Supreme Court of the State of New York · 1983
- Rosner v. Blue Channel Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Reitte v. Entermy Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1990
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- Kennedy v. ClassAppellate Division of the Supreme Court of the State of New York · 2002
- Smith v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1993
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