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JOSHUA HANNAH et al., Appellants, v. GAIL CHORNEY, M.D., et al., Respondents.

The absence of the operative report did not deprive plaintiff of means for establishing a prima facie case ( see e.g. Orloski v McCarthy, 274 AD2d 633, 635-636, lv denied 95 NY2d 767; cf. Gray v Jaeger, 17 AD3d 286). Therefore, striking the answers would have constituted too drastic a remedy. The court properly granted plaintiff's alternative request for dismissal of the action.

We have considered the parties' remaining contentions and find them unavailing.

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HANNAH v. CHORNEY
(Dec 7, 2010)