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SAWH v. BRIDGES

120 A.D.2d 74 (1986)

Mary E. Sawh, Appellant, v. George Bridges et al., Respondents

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

October 27, 1986

Attorney(s) appearing for the Case

Morris J. Eisen, P. C. (J. Irwin Shapiro and Kenneth L. Gartner of counsel), for appellant.

Raymond G. Lawlor (David S. Heller of counsel), for George Bridges, respondent.

John F. Feeley (Thomas E. Paterson of counsel), for Gene Bove and another, respondents.

WEINSTEIN and RUBIN, JJ., concur with THOMPSON, J.; BRACKEN, J., concurs in part and dissents in part, and votes to grant the defendants' motion only to the extent of precluding the plaintiff from offering any evidence at trial regarding a CAT scan performed in 1983 as to an alleged calcified herniated disc at L3-L4 of the plaintiff's lumbosacral spine, and, as so modified, to affirm the order appealed from, on condition that the plaintiff's attorney personally pays to each defendant the sum of $1,500 and the plaintiff submits to a new CAT scan at her own expense and furnishes a copy of said CAT scan and any reports made in connection therewith to the defendants, with an opinion in which LAZER, J. P., concurs.

THOMPSON, J.

The issue presented for our determination on this appeal is whether Special Term abused its discretion by imposing the harsh sanction of dismissal for the plaintiff's failure to comply with certain orders of disclosure. We find that the conduct of the plaintiff's counsel in failing to permit discovery and inspection of a CAT scan of the plaintiff despite a notice for production and two prior court...

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