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PASCALE v. HOPPENFELD

91 A.D.2d 580 (1982)

Judith Pascale, Respondent, v. Stanley Hoppenfeld, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 23, 1982

Plaintiff had been directed by a prior order to furnish certain medical information and authorizations in this malpractice case to defendant. When nine months had gone by without compliance or explanation, defendant-appellant moved (CPLR 3126) for dismissal of the complaint or, alternatively, for preclusion. Special Term denied defendant's motion, though incongruously at the same time ordering compliance with the prior order on condition...

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