Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the defendant's motion which was to dismiss the plaintiff's causes of action alleging injuries to her left ear is granted.
"Although actions should be resolved on the merits whenever possible, the court may, among other things, issue an order `striking out pleadings or parts thereof' (CPLR 3126 [3]) when a party `refuses to obey...
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