SAMUELS v. MONTEFIORE MEDICAL CENTER


49 A.D.3d 268 (2008)

852 N.Y.S.2d 121

CARLETON SAMUELS, Respondent, v. MONTEFIORE MEDICAL CENTER et al., Appellants.

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

Decided March 4, 2008.


On January 26, 2005, after plaintiff in this medical malpractice action failed to comply with a November 2002 preliminary conference order and an August 2003 compliance conference order, Justice Tuitt conditionally precluded him from offering evidence at trial unless he provided all outstanding discovery within 45 days. Plaintiff never sought vacatur of that conditional order. At the scheduled status conference on March 21, 2005, Justice Tuitt found that plaintiff still had...

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