In this action to recover damages for medical malpractice and wrongful death, the Appellate Division, Second Department, in accordance with M&H’s arguments, reversed the lower court’s order dismissing the complaint pursuant CPLR 3042 and 3126, holding that Plaintiff had not violated any court-ordered deadlines, and further stressing that Plaintiff had produced the discoverable materials shortly after Defendants had moved for dismissal, and should not be prohibited from having their day in court.