Opinion
April 26, 1999
Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).
Ordered that the order is affirmed, without costs or disbursements.
It is well established that the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery is willful, contumacious, or in bad faith ( see, CPLR 3126; Olmoz v. Town of Fishkill, 258 A.D.2d 447; Selamaj v. City of New York, 257 A.D.2d 616). In this case, the plaintiffs failed to make such a showing.
We note that the plaintiffs have failed to establish their entitlement to disclosure of post-accident repairs ( see, Watson v. FHE Servs., 257 A.D.2d 618).
O'Brien, J. P., Thompson, Krausman and Luciano, JJ., concur.