Opinion
December 8, 2009.
Order, Supreme Court, New York County (Paul G. Feinman, J.), entered December 17, 2007, which granted plaintiff's motion to strike defendants' answer only to the extent of directing defendants to disclose requested discovery materials within 45 days or be precluded from contesting liability, unanimously affirmed, without costs.
Before: Tom, J.P., Nardelli, Renwick and Freedman, JJ.
The drastic sanction sought by plaintiff was properly denied for failure to show that defendants' delays in meeting its disclosure obligations were willful and contumacious ( see Mangual v New York City Tr. Auth., 48 AD3d 212).