Kristyna Burkova (Associate-New York, NY) and Lori Semlies (Partner-New York, NY) were successful with a motion to dismiss the complaint against our client, New York Presbyterian Queens Hospital (NYPQ), for failure to appear for an independent medical examination (IME). The case involved a premature twin baby who sustained an IV infiltration on her left ankle in the NICU at NYPQ, which was treated in the burn unit at New York Presbyterian – Weill Cornell for one week and remained in the NICU for another month due to issues related to her respiratory function and ability to adequately feed. About two months after the infant’s discharge home, her left ankle wound was noted as a healed scar by her pediatrician and the infant did not appear to have any continued issues, nor did her parents seek additional treatment. When the plaintiff claimed scarring, open wound, deformity, bleeding, swelling, limited range of motion and conscious pain and suffering, Krystina and Lori designated a plastic surgery IME. The plaintiff did not object to the designation and was ordered to undergo the IME in two consecutive compliance conference orders. Despite plaintiff’s repeated failure to appear for the IME (as well as failure to provide other paper discovery), and despite our 11 good faith correspondences, the court gave plaintiff one last chance. Krystina and Lori filed a motion to dismiss the day after the third deadline passed. Hon. Tracy Catapano-Fox of the Queens County Supreme Court granted the motion noting that “[while] dismissal is a drastic remedy, plaintiff’s actions and inactions demonstrate willful and contumacious behavior that warrants dismissal under CPLR §3126.”