PAYNE v. ROUSE CORPORATION

ORDERED that the order is affirmed insofar as appealed from, with costs.

The striking of a pleading pursuant to CPLR 3126 for failure to comply with court-ordered disclosure is a drastic remedy and a motion to strike should be granted only where the conduct of the nonmoving party is shown to be willful, contumacious, or in bad faith. The Supreme Court properly declined to strike the complaint, finding that the plaintiffs generally provided the requested discovery and that their conduct was not willful, contumacious, or in bad faith (see, Lestingi v. City of New York, 209 A.D.2d 384 ; McCarthy v. Klein, 238 A.D.2d 552 ).

The defendants' remaining contentions are without merit.