Order unanimously reversed on the law and in the exercise of discretion without costs and motion denied on condition that plaintiff appear for an examination before trial within 40 days of service of a copy of the order of this Court with notice of entry. Memorandum: The extreme sanction of dismissal is warranted only where there is a clear showing that plaintiff's failure to comply with discovery demands was willful, contumacious or in bad faith ( see, Corner Realty 30/7 v. Bernstein Mgt. Corp., 249 A.D.2d 191, 193; see also, Gadley v. U.S. Sugar Co., 259 A.D.2d 1041, 1042). No such showing was made here. Rather, the record establishes that much of the delay in responding to defendant's demands is attributable to illness and injury suffered by plaintiff's counsel during the discovery process. Under the circumstances, we conclude that dismissal of the action is not warranted and that plaintiff should be afforded one final chance to comply with discovery ( see, Adams v. Deloreto, 272 A.D.2d 875 [decided May 10, 20 00]; Kimmel v. State of New York, 267 A.D.2d 1079, 1081). We therefore, in the exercise of our discretion, deny defendant's motion to dismiss the action pursuant to CPLR 3126 on condition that plaintiff appear for an examination before trial within 40 days of service of a copy of the order of this Court with notice of entry ( see, Johnson v. Brown, 242 A.D.2d 562, 563; Gamble v. Anlynne, Inc., 199 A.D.2d 303).