HANNAH v. CHORNEY

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.