Opinion
September 21, 1984
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Dillon, P.J., Doerr, Green, Moule and Schnepp, JJ.
Order unanimously affirmed, with costs. Memorandum: In this personal injury action, plaintiff failed to keep appointments for two medical examinations to be conducted by defendant's physician. The physician billed defendant's attorneys the sum of $350 for his lost time and defendant thereafter moved to dismiss the complaint. Special Term ordered plaintiff to pay that sum to defendant's attorneys and further ordered that the complaint be dismissed unless plaintiff appeared and submitted to the physical examination on a specified date.
Plaintiff argues on appeal that CPLR 3126 does not authorize the court to order the payment of money to defendant's attorneys. It is well established, however, that where, as here, the circumstances warrant such relief, the court has discretion to impose monetary sanctions in lieu of those specified in CPLR 3126 ( Aliksanyan v Sundman, 98 A.D.2d 607; Boes v Harris, 96 A.D.2d 849; Bolser v Newport Trucking, 90 A.D.2d 784; Plainview Assoc. v Miconics Inds., 90 A.D.2d 825).