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RODRIGUEZ v. NEW YORK METHODIST HOSPITAL

3 A.D.3d 526 (2004)

770 N.Y.S.2d 735

GLADYS RODRIGUEZ et al., Appellants, v. NEW YORK METHODIST HOSPITAL et al., Defendants, and BROOKLYN OB/GYN ASSOC., P.C., et al., Respondents.

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

January 20, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The respondents moved pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against them based on the plaintiffs' failure to comply with court-ordered discovery. The Supreme Court granted the motion upon the plaintiffs' default in opposing it.

The plaintiffs failed to demonstrate a reasonable excuse for their default in opposing the motion. Furthermore, the plaintiffs failed...

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