Opinion
May 18, 1995
Appeal from the Supreme Court, Bronx County (Luis Gonzalez, J.).
The IAS Court properly determined that defendants substantially complied with the preliminary conference order and plaintiff's demand for discovery and inspection and, therefore, properly denied plaintiff's motion to strike defendants' answer. Actions should be decided on their merits whenever possible and the harsh penalty of striking pleadings should only be imposed where the failure to comply was willful, contumacious or due to bad faith (Bassett v Bando Sangsa Co., 103 A.D.2d 728), circumstances not presented herein.
Concur — Ellerin, J.P., Wallach, Kupferman, Ross and Mazzarelli, JJ.