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Bernabe v. Long Island College Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1988
141 A.D.2d 595 (N.Y. App. Div. 1988)

Opinion

June 13, 1988

Appeal from the Supreme Court, Kings County (Clemente, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's delay in serving a supplemental bill of particulars did not entail the willful or contumacious violation of a court order. The plaintiff was in need of additional pretrial discovery in order to be able to frame an adequate bill of particulars. Under the circumstances, the Supreme Court, Kings County, did not err in refusing to impose the harsh sanction of dismissal (CPLR 3126; see, Corinno Civetta Constr. Corp. v City of New York, 67 N.Y.2d 297, rearg denied sub nom. Honeywell, Inc. v City of New York, 68 N.Y.2d 753; cf., Zletz v Wetanson, 67 N.Y.2d 711). Bracken, J.P., Weinstein, Rubin and Kooper, JJ., concur.


Summaries of

Bernabe v. Long Island College Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1988
141 A.D.2d 595 (N.Y. App. Div. 1988)
Case details for

Bernabe v. Long Island College Hospital

Case Details

Full title:PEDRO BERNABE, Respondent, v. LONG ISLAND COLLEGE HOSPITAL, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 13, 1988

Citations

141 A.D.2d 595 (N.Y. App. Div. 1988)

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