Opinion
January 13, 1998
Appeal from the Supreme Court, Bronx County (Luis Gonzalez, J.).
The court did not improvidently exercise its discretion in denying plaintiff's motion to strike defendant's answer for failure to comply with prior court orders directing him to produce certain discovery and to appear for a deposition, where defendant partially complied with the outstanding discovery requests prior to submission of plaintiffs motion and substantially complied with outstanding discovery requests while the motion was pending ( see, Ungar v. Lesser, 152 A.D.2d 510).
Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Mazzarelli,