Opinion
Decided February 10, 1998
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
The court improvidently exercised its discretion in granting plaintiff's; motion to vacate the conditional order of dismissal and allowing plaintiff further opportunity to comply with its three prior discovery orders. Plaintiff commenced this medical malpractice action by service of a particularly vague complaint that did not specify the condition for which she was treated or any of defendants' alleged specific acts or omissions. Over a four-year period of motion practice, she served a succession of bills of particulars wherein she repeatedly failed to provide the requested specificity as to certain issues or to differentiate the claims with respect to the three defendants. Consequently, her failure to submit an affidavit of merit with the motion to vacate warranted its denial and the granting of defendants' motion and cross-motion (see, Becerril v. Skate Way Roller Rink, 184 A.D.2d 365; Orabi v. George Hildebrandt, Inc., 157 A.D.2d 506; Olivier v. Rosal-Arcillas, 204 A.D.2d 701, lv dismissed 88 N.Y.2d 1038).
In light of the above, defendants' remaining contentions need not be addressed.
Concur — Wallach, J. P., Rubin, Williams, Tom and Andrias, JJ.