Opinion
December 7, 1998
Appeal from the Supreme Court, Kings County (Bruno, J.).
Ordered that the order is modified by adding thereto a provision conditioning the extension of time on the defendants' payment of costs to the plaintiffs in the sum of $1,000; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for the scheduling of the physical examinations upon the defendants' payment of costs.
Under the circumstances, the Supreme Court did not improvidently exercise its discretion in extending the time for the completion of discovery ( see, CPLR 2004). However, in light of the extensive delays in this case and the additional expense resulting from the defendants' conduct, we find that costs should be imposed as a condition for granting the extension ( see, Hanover Ins. Co. v. Ceriello Elec., 226 A.D.2d 585; Knapek v. MV Southwest Cape, 110 A.D.2d 928).
The appellants' remaining contention is without merit.
Rosenblatt, J. P., Miller, Altman and Friedmann, JJ., concur.