Batshever v. Jafar
| Decision Date | 25 May 2010 |
| Citation | 73 A.D.3d 1108,900 N.Y.S.2d 887 |
| Parties | Victor BATSHEVER, et al., appellants, v. Jafar JAFAR, etc., et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
Victor Batshever and Olga Sagaydak, Brooklyn, N.Y., appellants pro se (one brief filed).
Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains, N.Y. (Edward J. Guardaro, Jr., of counsel), for respondents.
In an action to recover damages for medical malpractice and lack of informed consent, etc., the plaintiffs appeal from (1) a judgment of the Supreme Court, Kings County (Steinhardt, J.), entered March 18, 2009, which, upon an order of the same court dated November 17, 2008, denying their motion, in effect, to vacate certain discovery orders and granting the defendants' cross motion to dismiss the complaint pursuant to CPLR 3126, is in favor of the defendants and against them dismissing the complaint, and (2) an order of the same court dated March 23, 2009, which denied their motion, in effect, for leave to renew and reargue their motion, in effect, to vacate the certain discovery orders and their opposition to the defendants' cross motion to dismiss the complaint pursuant to CPLR 3126. The notice of appeal from the order dated November 17, 2008, is deemed a notice of appeal from the judgment entered March 18, 2009 ( see CPLR 5512[a] ).
ORDERED that one bill of costs is awarded to the defendants.
The Supreme Court providently exercised its discretion in granting the defendants' cross motion to dismiss the complaint pursuant to CPLR 3126 because the plaintiffs' willful and contumacious conduct can be inferred from their repeated failures to provide outstanding authorizations both in responseto the defendants' demands and in compliance with the Supreme Court's orders, and to comply with the Supreme Court's directive to provide a further bill of particulars ( see Pirro Group v. One Point St., Inc., 71 A.D.3d 654, 896 N.Y.S.2d 152; Workman v. Town of Southampton, 69 A.D.3d 619, 892 N.Y.S.2d 481; Nicolia Ready Mix, Inc. v. Fernandes, 37 A.D.3d 568, 829...
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