Opinion
February 11, 1999
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
The motion court properly directed the parties to appear for a conference for the purpose of working out a disclosure schedule, in effect vacating defendant's 90-day notice, where the delay caused by plaintiffs failure to provide promised further responses to defendant's disclosure demands was not so extensive as to be indicative of an inclination not to proceed with the action (cf., Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503-504). A failure to comply with disclosure obligations is not necessarily tantamount to a failure to prosecute.
Concur — Rosenberger, J. P., Lerner, Rubin and Mazzarelli, JJ.