Opinion
2003-06381.
Decided April 12, 2004.
In an action to recover damages for medical malpractice, nonparty Robert J. Walker, the defendant's attorney, appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, (Weiss, J.), dated July 14, 2003, as granted that branch of the plaintiff's motion which was for the imposition of a sanction upon him pursuant to CPLR 3126.
Robert J. Walker, appellant pro se and Gallagher, Walker, Bianco Plastaras, Mineola, N.Y. (Denise J. Vista, and Robert A.
Monahan of counsel), for nonparty-appellant (one brief filed). Sherman Basichas, LLP, New York, N.Y. (Alisa R. Lebensohn and Mark M. Basichas of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the contention of the appellant, the defendant's attorney, the Supreme Court providently exercised its broad discretion, to which we accord substantial deference, in imposing a sanction upon him pursuant to CPLR 3126 for his conduct during disclosure ( see Zletz v. Wetanson, 67 N.Y.2d 711, 713; Orner v. Mount Sinai Hosp., 305 A.D.2d 307, 309; Jaffe v. Hubbard, 299 A.D.2d 395; New v. Scores Entertainment, 255 A.D.2d 108; Taub v. Wulwick, 168 A.D.2d 492, 493; Miller v. Duffy, 126 A.D.2d 527, 528; Sawh v. Bridges, 120 A.D.2d 74, 77-78; cf. Bach v. City of New York, 304 A.D.2d 686).
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.