BROOKS v. CITY OF NEW YORK

ORDERED that the appeal from the order dated April 16, 2003, is dismissed, as that order was superseded by the order dated August 7, 2003, made upon renewal and reargument; and it is further,

ORDERED that the order dated August 7, 2003, is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiffs.

The Supreme Court providently exercised its discretion in granting the plaintiffs' motion pursuant to CPLR 3126 to strike the defendants' answer. The defendants' lack of diligence and approximately 7 ½ year delay in complying with disclosure demands and numerous court orders raises an inference that their conduct was willful and contumacious ( see Conch Assocs. v. PMCC Mtg. Corp., 303 A.D.2d 538; Birch Hall Farm v. Reed, 272 A.D.2d 282). The defendants failed to establish that they made diligent efforts to obtain the records and evidence that were produced on the eve of trial ( see Donovan v. City of New York, 239 A.D.2d 461) . Furthermore, the defendants' delay in complying with the plaintiffs' discovery demands prejudiced the plaintiffs ( see McIntosh v. City of New York, 275 A.D.2d 307).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.