Opinion
February 20, 1992
Appeal from the Supreme Court, New York County (Carol H. Arber, J.).
The IAS court did not abuse its discretion in permitting plaintiff additional time to comply with defendant's notice to produce (see, Siebert v. 60 Sutton Corp., 99 A.D.2d 950), the record containing sufficient indications that plaintiff's conduct was not willful, contumacious, or in bad faith (Dauria v. City of New York, 127 A.D.2d 459). Plaintiff's production of documents along with its opposition papers, albeit tardy, represents something less than the "`[e]xtreme conduct * * * required before imposition of the ultimate penalty'" (Ungar v. Lesser, 152 A.D.2d 510).
Concur — Carro, J.P., Milonas, Ellerin and Ross, JJ.