Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion of the defendant Brookdale University Hospital and Medical Center to the extent of precluding the plaintiff from conducting an examination before trial of the defendant Jeffrey Shapiro and substituting therefor a provision denying that branch of that motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court providently granted the motion to vacate the note of issue and certificate of readiness ( see 22 NYCRR 202.21 [e]). The plaintiff conceded in the certificate of readiness that the case was not ready for trial.
The Supreme Court providently imposed the sanction of preclusion with respect to the examination before trial of the defendant Franklin Hospital Medical Center ( see CPLR 3126; cf. Precise Ct. Reporting v. Karten, 6 AD3d 412). However, the record does not demonstrate that the plaintiff willfully and contumaciously obstructed the progress of disclosure with regard to the examination before trial of the defendant Jeffrey Shapiro ( see Santigate v. Linsalata, 304 AD2d 639, 641; Gorokhova v. Belulovich, 267 AD2d 202, 203). Therefore, the order is modified accordingly.