Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, those branches of the motion which were to amend the caption to substitute the administratrix, Bonnie Fradella, in place of the deceased plaintiff, and to restore the action to active status on the court calendar are granted, and the cross motions are denied.
The Supreme Court improvidently exercised its discretion in denying that branch of Bonnie Fradella's motion which was to amend the caption to substitute her as the administratrix of the plaintiff's estate in the place of the deceased plaintiff and to restore the action to active status on the court calendar, and in granting the defendants' cross motions pursuant to CPLR 3126 (3) dismissing the complaint.
"[The] drastic remedy of striking a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure should be granted only where the conduct of the resisting party is shown to be willful and contumacious" ( Russo v Tolchin, 35 AD3d 431, 434; see Jenkins v City of New York, 13 AD3d 342, 343; Royal Caterers, LLC v Marine Midland, 8 AD3d 549, 550; Assael v Metropolitan Tr. Auth., 4 AD3d 443, 443-444). "Willful and contumacious conduct can be inferred from repeated noncompliance with court orders, inter alia, directing depositions, coupled with either no excuses or inadequate excuses ( see Russell v BB Indus., 309 AD2d 914), or a failure to comply with court-ordered discovery over an extended period of time ( see Vanalst v City of New York, 302 AD2d 515)" ( Russo v Tolchin, supra at 434).
Here, the plaintiff, who had provided 46 authorizations, raised numerous objections to many of the items of disclosure that were demanded including, inter alia, lack of knowledge of many of the individuals for whom the authorizations were requested and that some authorizations were requested for providers who afforded treatment for conditions which were unrelated to the present action. Under the circumstances of this case, there was no clear showing that the failure to produce the demanded authorizations and other discovery was willful and contumacious.