Opinion
2660N
December 24, 2002.
Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered April 18, 2002, which, inter alia, denied defendant-appellant's motion pursuant to CPLR 3126 to dismiss plaintiffs' complaint for failure to comply with certain disclosure directives, unanimously affirmed, with costs.
John R. Wiess, for plaintiffs-respondents.
Ian Chesir-Teran, for defendant-appellant.
Before: NARDELLI, J.P., SAXE, SULLIVAN, ROSENBERGER, ELLERIN, JJ.
In the absence of any showing that plaintiffs had been willfully noncompliant with their disclosure obligations, the motion court properly exercised its discretion in denying defendant-appellant's motion to sanction plaintiffs pursuant to CPLR 3126 by dismissing the complaint or, alternatively, precluding plaintiffs from offering evidence on damages (see Adzhiashvili v. Joy-Lud Distrs., Intl., Inc., 283 A.D.2d 361; Rosario v. New York City Hous. Auth., 272 A.D.2d 105, 105-106).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.