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RUIZ v. SELZER

24949/14E. Appeal No. 12082. Case No. 2019-4708.

187 A.D.3d 558 (2020)

130 N.Y.S.3d 657

2020 NY Slip Op 05835

Rosemarie Ruiz, as Attorney-in-Fact for Milagros Burgos, Appellant, v. Jonathan Selzer, M.D., et al., Respondents.

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

Decided October 15, 2020.

The motion court providently exercised its discretion in dismissing the complaint pursuant to CPLR 3126 based on plaintiff's failure to comply with her discovery obligations. Plaintiff asserts that she has complied with all of her discovery obligations, but fails to respond to defendants' specific allegations of deficiencies. The record reflects that, although plaintiff did provide at least some discovery, some of it was provided...

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