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SMITH v. NORTH SHORE UNIV. HOSP.

198 A.D.2d 219 (1993)

604 N.Y.S.2d 797

Gregory A. Smith, Appellant, v. North Shore University Hospital et al., Respondents

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

November 1, 1993

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in dismissing the complaint due to the infant plaintiff's failure to comply with discovery (see, CPLR 3126). Specifically, the infant plaintiff failed to comply with two orders, dated July 10, 1989, and October 25, 1989, directing him to appear for an examination before trial and for a physical examination...

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