Opinion
October 6, 1997
Appeal from the Court of Claims (Mega, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
There is no basis upon which to conclude that the failure on the part of the appellant to produce the documents sought to be discovered constituted willful and contumacious conduct ( see, Zletz v. Wetanson, 67 N.Y.2d 711; Rivers v. Embassy Club, 207 A.D.2d 876).
Miller, J.P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.