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Universal Neurology, P.C. v Travelers Indem. Ins. Co.
2006 NY Slip Op 50092(U) [10 Misc 3d 143(A)]
Decided on January 26, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 26, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., McCOOE, SCHOENFELD, JJ
570871/05.

Universal Neurology, P.C., a/a/o Kerlin Hernandez, Plaintiff-Respondent,

against

Travelers Indemnity Insurance Company, Defendant-Appellant.


Defendant, as limited by its brief, appeals from so much of an order of the Civil Court, New York County (Eileen A. Rakower, J.), entered March 16, 2005, as granted a conditional rather than outright dismissal of the complaint.


PER CURIAM:

Order (Eileen A. Rakower, J.), entered March 16, 2005, affirmed, with $10 costs.

Civil Court did not abuse its discretion in granting a conditional order of dismissal where plaintiff's slight delay in complying with the discovery schedule agreed to in a so-ordered stipulation was neither willful, deliberate or contumacious so as to warrant the severe sanction of dismissal (see Irizarry v. Ashar Realty Corp., 14 AD3d 323 [2005]; Harris v. Evans, 186 AD2d 454 [1992]).

This constitutes the decision and order of the court.
Decision Date: January 26, 2006