Legal Opinion

Perritt v. Smithtown General Hospital

Appellate Division of the Supreme Court of the State of New York

Decided January 25, 1988Published

1Opinion of the Court

—In a medical malpractice action, the defendant Warren Weber appeals from an order of the Supreme Court, Suffolk County (D’Amaro, J.), entered May 22, 1987, which denied his motion to vacate a prior order of the same court, dated January 11, 1985, which had granted the plaintiff’s motion to strike his answer for willful failure to comply with an order of disclosure.

Ordered that the order is affirmed, with costs.

The order which the defendant Warren Weber seeks to vacate struck his answer for failure to comply with an order of disclosure. Such an order is properly reviewable by direct appeal…

2Cases cited3 opinions

  1. Pergamon Press, Inc. v. TietzeAppellate Division of the Supreme Court of the State of New York · 1981
  2. Berlin v. SchlotthauerAppellate Division of the Supreme Court of the State of New York · 1986
  3. Perritt v. Smithtown General HospitalAppellate Division of the Supreme Court of the State of New York · 1986

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