STONE v. SPEISER

The motion court properly exercised its discretion in accepting defendant's untimely opposition papers and in then denying plaintiff's motion to strike defendants' answer and for a default judgment. The delay in producing the discovery material in question was of relatively short duration, and despite the failure to meet the deadline imposed by the court, such conduct did not rise to the level of willful, contumacious behavior nor was the delay due to bad faith (see, First Bank of the Americas v. Motor Car Funding, Inc., 257 A.D.2d 287, 293; Corner Realty 30/7, Inc. v. Bernstein Mgt. Corp., 249 A.D.2d 191, 193-194).

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