Diako v. Yunga

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered October 7, 2016, which granted plaintiff’s motion to restore the case to the trial calendar and denied defendants’ cross motion to compel plaintiff to comply with all outstanding discovery demands, affirmed, without costs.

The motion court providently exercised its discretion in granting plaintiff’s motion and denying defendants’ cross motion (see Gumbs v Flushing Town Ctr. III, L.P., 114 AD3d 573, 574 [1st Dept 2014]). Plaintiff’s waiver of his physician-patient privilege is limited to those conditions that he affirmatively…