CAUDILL v. FERRANDO


290 A.D.2d 845 (2002)

736 N.Y.S.2d 283

ATAILINE CAUDILL, Individually and as Parent and Guardian of KATHERINE CAUDILL, an Infant, Respondent, v. DENISE M. FERRANDO, Defendant, and ADIRONDACK MEDICAL CENTER, Also Known as SARANAC LAKE GENERAL HOSPITAL, Appellant.

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

Decided January 24, 2002.


In view of the fact that plaintiff furnished defendant Adirondack Medical Center with a facially sufficient bill of particulars during the pendency of the present motion and considering that no conditional order was ever issued against plaintiff, we are not persuaded that Supreme Court abused its broad discretion in refusing to impose the ultimate sanction of dismissal (see, Ashline v Kestner Engrs., 219 A.D.2d 788, 790; Matter...

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