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GLADYS RODRIGUEZ, ETC., ET AL., appellants, v. NEW YORK METHODIST HOSPITAL, ET AL., defendants, BROOKLYN OB/GYN ASSOC., P.C., ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The respondents moved pursuant to CPLR 3126 to dismiss the complaint insofar as asserted against them based on the plaintiffs' failure to comply with court-ordered discovery. The Supreme Court granted the motion upon the plaintiffs' default in opposing it.

The plaintiffs failed to demonstrate a reasonable excuse for their default in opposing the motion. Furthermore, the plaintiffs failed to offer any excuse for their repeated failure to comply with the Supreme Court's discovery order and the respondents' discovery demands. The Supreme Court providently exercised its discretion in denying the plaintiffs' motion since the plaintiffs failed to adequately explain their pattern of willful default and neglect ( see CPLR 5015[a][1]; Clarke v. United Parcel Serv., 300 A.D.2d 614, 615; Wynne v. Wagner, 262 A.D.2d 556; Roussodimou v. Zafiriadis, 238 A.D.2d 568, 569; Gannon v. Johnson Scale Co., 189 A.D.2d 1052).

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

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RODRIGUEZ v. NEW YORK METHODIST HOSPITAL
(Jan 20, 2004)