Opinion
October 26, 1999
Order, Supreme Court, Bronx County (Barry Salman, J.).
Since there is no record support for defendants' claim that plaintiffs' discovery defaults were willful or contumacious, and since plaintiffs' compliance with discovery demands, albeit delayed, was substantial, the court appropriately exercised its discretion in affording plaintiffs a "second chance" (see, Hanson v. City of New York, 227 A.D.2d 217). The court also appropriately exercised its discretion in considering response papers where the delay in submission was minimal (see, Foitl v. G.A.F. Corp., 64 N.Y.2d 911).
ELLERIN, P.J., ROSENBERGER, WILLIAMS, WALLACH, ANDRIAS, JJ.