Opinion
Submitted January 12, 2000
February 24, 2000
In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Richmond County (Lebowitz, J.), dated May 14, 1999, as denied their motion to dismiss the complaint pursuant to CPLR 3216 and their separate motion for sanctions and costs.
Jones Hirsch Connors Bull, P.C., New York, N.Y. (Steven H. Kaplan of counsel), for appellants.
Bernadette Panzella, P.C., Staten Island, N.Y., for respondents.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The striking of a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure is a drastic remedy and a motion to strike should be granted only where the conduct of the nonmoving party is shown to be willful, contumacious, or in bad faith. The Supreme Court properly declined to strike the complaint, finding that the plaintiffs generally provided the requested discovery and that their conduct was not willful, contumacious, or in bad faith (see, Lestingi v. City of New York, 209 A.D.2d 384 ; McCarthy v. Klein, 238 A.D.2d 552 ).
The defendants' remaining contentions are without merit.