Defendant's appeal from the order that denied its order to show cause to vacate and/or renew and reargue the order striking its answer must be dismissed since no appeal lies from an ex parte order (CPLR 5701[a][2]). Defendants' noncompliance with court orders and plaintiff's demands for disclosure, while undeniably sanctionable (CPLR 3126), was not shown conclusively to be willful, contumacious or in bad faith, and thus constitutes something less than the "extreme conduct" required before the ultimate penalty of striking the answer is imposed (see, Dauria v. City of New York, 127 A.D.2d 459, 460). We deem it appropriate, in view of our policy favoring resolution of disputes on their merits, to grant defendants one final chance to comply with plaintiff's discovery demands, on condition that, within 20 days of service of a copy of this order with notice of entry, defendants pay plaintiff's attorney $750 and provide plaintiff with the requested disclosure.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.