Whitfield v. State

In a claim to recover damages for dental malpractice, the claimant appeals, as limited by his brief, from so much of an order of the Court of Claims (Mignano, J.), dated July 6, 2005, as denied those branches of his motion which were to impose a sanction pursuant to CPLR 3126 and to preclude the defendant from offering evidence at trial based on its failure to provide court-ordered disclosure.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The defendant complied with the portion of a prior order dated February 28, 2005 directing it to provide an…