The Supreme Court, New York County had dismissed the plaintiff’s complaint due to the plaintiff’s counsel’s repeated failure to provide the defendants with duly executed, HIPAA-compliant authorizations and the plaintiff appealed.
On appeal, the First Department unanimously affirmed, finding that the Supreme Court “providently exercised its discretion in dismissing the complaint after plaintiff violated multiple orders to produce documentary evidence over the course of approximately 1½ years and finally failed to comply with the orders even after the court had, over defendants’ rigorous objections, given him ‘one last chance’”.
Andrew Kaufman and Michael Bayron handled the case for the firm. The decision can be found here.