LOMBARDO v. ST. FRANCIS HOSP. REHAB. SERVICES

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and the motion is denied.

The Supreme Court improvidently exercised its discretion in striking the complaint absent a clear showing that the plaintiff's failure to comply with discovery demands was willful and contumacious ( see CPLR 3126; Centerport Ins. Agency v. Atlantic Fabricators of Rhode Is., 277 AD2d 414; Vancott v. Great Atl. Pac. Tea Co., 271 AD2d 438; Harris v. City of New York, 211 AD2d 663). The record supports a finding that the plaintiff substantially, albeit tardily, complied with the defendants' discovery demands and that her conduct was not willful and contumacious ( see Centerport Ins. Agency v. Atlantic Fabricators of Rhode Is., supra; Payne v. Rouse Corp., 269 AD2d 510).