Poplawski v Gross

Poplawski v Gross 2014 NY Slip Op 01734 Decided on March 19, 2014 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 19, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
MARK C. DILLON
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
2012-07162
(Index No. 11088/02)

[*1]Anna Poplawski, et al., appellants,

v

Beth R. Gross, etc., et. al, respondents, et al., defendants.




Garth Molander, Bohemia, N.Y., for appellants.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York,
N.Y. (Judy C. Selmeci, Kenneth R.
Reiser, and Patrick Lawless of
counsel), for respondents.


DECISION & ORDER

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Iannacci, J.), dated June 5, 2012, which denied, without prejudice to renewal at trial, their motion, inter alia, pursuant to CPLR 3124 to compel certain disclosure.

ORDERED that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying, without prejudice to renewal at trial, that branch of the plaintiffs' motion which was pursuant to CPLR 3124 to compel certain disclosure. The plaintiffs failed to demonstrate that the defendants failed to provide or make available for inspection any of the materials demanded (see CPLR 3124).

The plaintiffs' remaining contentions are without merit.
SKELOS, J.P., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court