VITELLO v. JAM INSTALLERS INC (1999)

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Rosato, J.), entered October 1, 1998, as denied their motion to extend the time to complete discovery, compel the plaintiffs to comply with their notice to produce, and compel the injured plaintiff to submit to physical examinations.

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, 683 N.Y.S.2d 896;  Gill v. United Parcel Serv., 249 A.D.2d 265, 670 N.Y.S.2d 890;  Kanterman v. Palmiotti, 122 A.D.2d 116, 504 N.Y.S.2d 513;  Levine v. McFarland, 98 A.D.2d 795, 469 N.Y.S.2d 811).   Accordingly, the Supreme Court providently exercised its discretion in denying the defendants' motion, inter alia, to compel discovery.

MEMORANDUM BY THE COURT.