VITELLO v. JAM INSTALLERS, INC

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

The defendants forfeited their right to conduct physical examinations of the injured plaintiff and to have the plaintiffs comply with further discovery when they failed to complete the plaintiffs' depositions and submit to their own depositions as scheduled by the court at numerous pretrial conferences over a three-year period ( see, Gigliotti v. Allstate Ins. Co., 258 A.D.2d 559 [2d Dept., Feb. 16, 1999]; Gill v. United Parcel Serv., 249 A.D.2d 265; Kantennan v. Palmiotti, 122 A.D.2d 116; Levine v. McFarland, 98 A.D.2d 795). Accordingly, the Supreme Court providently exercised its discretion in denying the defendants' motion, inter alia, to compel discovery.

MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.