Opinion
2001-11193
Submitted October 3, 2002.
November 12, 2002.
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), entered November 19, 2001, which granted the defendant's motion pursuant to CPLR 3126 to dismiss the complaint.
Andrew Bersin, New York, N.Y., for appellant.
Kanterman Taub, New York, N.Y. (Carl A. Formicola of counsel), for respondent.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the defendant's motion pursuant to CPLR 3126 to dismiss the complaint. The plaintiff failed to comply with court-ordered discovery demands, and the plaintiff's counsel failed to appear for a court-ordered conference (see Montgomery v. City of New York, 296 A.D.2d 386; Dacey v. Horror Cafe, Inc., 293 A.D.2d 511).
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.