Second Department Reverses Lower Court Dismissal Based on Deposition Demands

The Second Department reversed the dismissal of a lower court based on a Plaintiff’s failure to narrow down deposition demands.  The case of Rezak v. New York Presbyterian Hospital was commenced following a claim of medical malpractice in 2014.  In December 2017, the defendant moved pursuant to CPLR §3216 to dismiss the complaint for a failure to prosecute and additionally based on CPLR §3126 for a failure to comply with a court order.  The court order referred to in the motion was an Order to narrow the demands to depose witnesses affiliated with the Defendant.  The Supreme Court of Queens County dismissed the claim under both CPLR sections. Continue reading “Second Department Reverses Lower Court Dismissal Based on Deposition Demands”