Opinion
May 1, 1989
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements, on condition that counsel for the plaintiff personally pay $1,000 to the defendant within 30 days after service upon it of a copy of this decision and order, with notice of entry; in the event that the condition is not complied with, the order is reversed insofar as appealed from, as a matter of discretion, with costs, and the cross motion to dismiss the complaint is granted.
Under the circumstances, we find that the Supreme Court did not improvidently exercise its discretion in refusing to impose the harsh sanction of dismissing the plaintiff's complaint pursuant to CPLR 3126. However, the dilatory tactics employed by the plaintiff's counsel warrant the imposition of a financial sanction against them (see, Rosner v Blue Channel Corp., 131 A.D.2d 654; River Park Assocs. v Meyerbank Elec. Co., 116 A.D.2d 709; Raphael v Cohen, 111 A.D.2d 155). Brown, J.P., Lawrence, Eiber and Sullivan, JJ., concur.