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GIERY v. PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK

199 A.D.2d 3 (1993)

604 N.Y.S.2d 97

Richard Giery, Appellant, v. Presbyterian Hospital in the City of New York et al., Defendants, and Katherine Sacksteder, Respondent

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

December 2, 1993

The conditional order of dismissal, as against the movant, was within the court's broad discretion where, as here, plaintiff failed repeatedly and without adequate excuse to fully comply with the prior discovery orders (Zletz v Wetanson, 67 N.Y.2d 711, 713). Specifically, there can be no excuse for plaintiff's repeated failure to produce medical bills which support his claim. In the event plaintiff establishes that no tax

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