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MARTINEZ v. NEW YORK PRESBYTERIAN HOSPITAL

26 A.D.3d 187 (2006)

807 N.Y.S.2d 876

GABRIEL MORILLO MARTINEZ et al., Appellants, v. NEW YORK PRESBYTERIAN HOSPITAL, Also Known as COLUMBIA PRESBYTERIAN MEDICAL CENTER, et al., Respondents.

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

February 7, 2006.

The court's restraint was appropriate because the failure of Roston and Alicea to comply with prior orders had not been willful or contumacious (Frye v. City of New York, 228 A.D.2d 182 [1996]; Dauria v. City of New York, 127 A.D.2d 459 [1987]). The court properly exercised its discretion in not imposing sanctions and in granting these defendants' cross motion for an extension of time to...

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