Opinion
2001-03299
Argued October 16, 2001.
December 24, 2001.
In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Held, J.), dated March 7, 2001, as granted the plaintiffs' motion for further discovery to the extent of directing a further examination before trial of the defendant and imposing a monetary sanction of $250.
Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for appellant.
Ronai Ronai, LLP, New York, N.Y. (David M. Marcus of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., LEO F. McGINITY, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the appellant's contention, the Supreme Court providently exercised its discretion in directing a further deposition of the defendant as to the efforts he undertook to locate certain records (see, CPLR 3101[a]). Moreover, under the circumstances of this case, the imposition of a monetary sanction was appropriate (cf., Smith v. New York Tel. Co., 235 A.D.2d 529, 530).
O'BRIEN, J.P., McGINITY, H. MILLER and ADAMS, JJ., concur.