Univ. Neurology, P.C. v. Travelers Indem. Ins.

Full title: UNIVERSAL NEUROLOGY, P.C., A/A/O KERLIN HERNANDEZ, Plaintiff-Respondent…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 26, 2006

2006 N.Y. Slip Op. 50092 (N.Y. App. Term 2006)

814 N.Y.S.2d 893

Opinion

570871/05.

Decided January 26, 2006.

Defendant, as limited by its brief, appeals from so much of an order of the Civil Court, New York County (Eileen A. Rakower, J.), entered March 16, 2005, as granted a conditional rather than outright dismissal of the complaint.

Order (Eileen A. Rakower, J.), entered March 16, 2005, affirmed, with $10 costs.

PRESENT: SUAREZ, P.J., McCOOE, SCHOENFELD, JJ

PER CURIAM:

Civil Court did not abuse its discretion in granting a conditional order of dismissal where plaintiff's slight delay in complying with the discovery schedule agreed to in a so-ordered stipulation was neither willful, deliberate or contumacious so as to warrant the severe sanction of dismissal ( see Irizarry v. Ashar Realty Corp., 14 AD3d 323; Harris v. Evans, 186 AD2d 454).

This constitutes the decision and order of the court.