Opinion
February 7, 1994
Appeal from the Supreme Court, Queens County (Rosenzweig, J.).
Ordered that the order is reversed, on the facts, with costs, the motion is denied, and the answer of the defendant Gordian Knot is reinstated.
In determining whether to impose the severe penalty of striking a party's answer, the court must determine whether the evidence clearly shows that the party's conduct was willful (see, Valmar Enters. v. Rutigliano, 134 A.D.2d 250). The evidence contained in this exceedingly bare record fails to satisfy this standard. Moreover, the plaintiffs have failed to establish that the failure on the part of the defendant-appellant to disclose certain requested documents resulted in substantial prejudice to their case (see, Jet Asphalt Corp. v. Consolidated Edison Co., 114 A.D.2d 489). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.