Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered January 29, 2010, deemed from a judgment of the same court entered February 5, 2010 (see CPLR 5501[c]).
Radiology Today, P.C. v GEICO Gen. Ins. Co.
Decided on April 26, 2011
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: GOLIA, J.P., PESCE and STEINHARDT, JJ.
The judgment, entered pursuant to the order of January 29, 2010 granting defendant's motion to dismiss the complaint upon plaintiff's failure to comply with a discovery order, dismissed the complaint.
ORDERED that the judgment is affirmed, without costs.
For the reasons stated in Radiology Today, P.C. as Assignee of Roydon Pile v Geico Gen. Ins. Co. ( Misc 3d , 2011 NY Slip Op [Appeal No. 2010-193 Q C], decided herewith), the judgment is affirmed.
Golia, J.P., Pesce and Steinhardt, JJ., concur.
Decision Date: April 26, 2011
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