Opinion
07-281.
Decided February 26, 2008.
Defendants appeal from so much of an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered February 28, 2007, as denied their motion to dismiss the complaint or for preclusion for failure to comply with discovery.
Order (Joan M. Kenney, J.), entered February 28, 2007, affirmed, with $10 costs.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
The denial of defendants' motion to dismiss the complaint or for preclusion was an appropriate exercise of discretion. Plaintiffs' conduct was not so willful or contumacious as to warrant the extreme sanctions sought ( see e.g. Paz v City of New York, 38 AD3d 269; Irizarry v Ashar Realty Corp., 14 AD3d 323). Although plaintiffs may have been tardy in providing discovery, they ultimately complied substantially with defendants' demands, the only outstanding discovery being an independent medical examination, which was delayed by the parties' scheduling conflicts.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur