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PERRITT v. SMITHTOWN GEN. HOSP.

136 A.D.2d 686 (1988)

Patrick J. Perritt, Respondent, v. Smithtown General Hospital et al., Defendants, and Warren Weber, Appellant. (And a Third-Party Action.)

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

January 25, 1988

Ordered that the order is affirmed, with costs.

The order which the defendant Warren Weber seeks to vacate struck his answer for failure to comply with an order of disclosure. Such an order is properly reviewable by direct appeal and not by motion to vacate a default pursuant to CPLR 5015 (a) (Pergamon Press v Tietze, 81 A.D.2d 831, lv dismissed 54 N.Y.2d 605; cf., Berlin v Schlotthauer,

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