Blatt v Dickerman

[*1] Blatt v Dickerman 2010 NY Slip Op 50933(U) [27 Misc 3d 139(A)] Decided on May 25, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 25, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570791/09.

Bernard Blatt, Plaintiff-Appellant,

against

Stuart A. Dickerman, M.D., Larry A. Chinitz, M.D., N.Y.U. Cardiac Cath Associates, David A. Sandler, M.D., Tisch Hospital, NYU Medical Center, Neil E. Bernstein, M.D., Defendants-Respondents.

Plaintiff appeals, as limited by his brief, from that portion of an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered October 22, 2009, which denied his motion to preclude defendants from taking his deposition.

Per Curiam.

Order (Jeffrey K. Oing, J.), entered October 22, 2009, insofar as appealed from, affirmed, without costs.

Civil Court providently exercised its discretion in denying plaintiff's motion to preclude defendants from taking his deposition. Plaintiff failed to establish that defendants' conduct was willful or contumacious (see Fraracci v Lasouska, 283 AD2d 735 [2001]), or that defendants failed to comply with a conditional order of preclusion (see Allstate Ins. Co. v Buziashvili, 71 AD3d 571 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: May 25, 2010