Opinion
June 13, 2000.
Order, Supreme Court, Bronx County (George Friedman, J.), entered December 27, 1999, which denied plaintiff's motion to strike the answer of defendant Bronx Lebanon Special Care Center, Inc., unanimously affirmed, without costs.
Michael A. Fruhling, for plaintiff-appellant.
Before: Rosenberger, J.P., Nardelli, Ellerin, Andrias, Saxe, JJ.
Although defendant Bronx Lebanon delayed in producing certain witnesses for deposition, the court properly exercised its discretion (see, Cherry v. Herbert Co., 212 A.D.2d 203, 209) in denying plaintiff's motion pursuant to CPLR 3126 to strike Bronx Lebanon's answer, since there was no showing that its delay was the product of willful or contumacious conduct (see, Hanson v. City of New York, 227 A.D.2d 217).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.