Opinion
May 7, 1998
Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).
The motion court properly exercised its discretion in denying appellants' motion, however termed, since their failure to comply with three orders of discovery, which expressly warned of the consequences of non-compliance, or to respond to plaintiff's motion for a default judgment, evinced a willful neglect of, or, at best, a lack of concerned attention to the proceedings (see, Martinez v. Belanger, 186 A.D.2d 40, affd 82 N.Y.2d 672). Further, we note the absence of an affidavit of merit.
Concur — Sullivan, J.P., Ellerin, Nardelli, Rubin and Mazzarelli, JJ.