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VIGIO v. NEW YORK HOSPITAL

264 A.D.2d 668 (1999)

696 N.Y.S.2d 19

RAMON VIGIO et al., Appellants, v. NEW YORK HOSPITAL et al., Respondents, et al., Defendant. (Action No. 1.) RAMON VIGIO et al., Appellants, v. MOUNT SINAI HOSPITAL, Respondent. (Action No. 2.)

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

Decided September 28, 1999.

Preclusion of the video was properly granted in view of the preliminary conference order directing the parties to exchange any photographs, "including motion pictures"; plaintiffs' false certification in their note of issue that disclosure was complete when, in fact, the video in question had already been made but not disclosed; and the undue prejudice caused defendants by plaintiffs' unnecessarily belated disclosure of the video...

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