SEVEN ACRE WOOD ST. v. PETRUCCELLI ENG'G

Inasmuch as plaintiff demonstrated a meritorious cause of action and a reasonable excuse for its default in timely complying with the discovery directives in the subject order of preclusion, plaintiff's cross motion to vacate the self-executing preclusion order was properly granted ( see CPLR 5015[a][1]; Fernandez v. Tsoumpas Bros. Co., 140 A.D.2d 257; cf. Clarke v. United Parcel Serv., Inc., 300 A.D.2d 614; Tejeda v. 750 Gerard Props. Corp., 272 A.D.2d 124). Plaintiff's default was not willful and its submission of its responses to defendants' discovery demands, albeit after an 18-day delay, demonstrated its good faith intent to prosecute the action. Any prejudice to defendants by reason of plaintiff's late compliance, was adequately addressed by the court's provision conditioning the grant of plaintiff's cross motion upon payment of $1,500 to defendants' counsel ( see Heffney v. Brookdale Hosp. Ctr., 102 A.D.2d 842, appeal dismissed 63 N.Y.2d 770; Maglieri v. Saks, 33 A.D.2d 898).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.