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LOUIS SELAMAJ et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Ordered that the order is affirmed, with costs.

It is well settled that the drastic remedy of striking an answer is inappropriate absent a clear showing that the failure to comply with discovery is willful, contumacious, or in bad faith ( see, CPLR 3126; Parish Constr. Corp. v. Franlo Tile, 215 A.D.2d 545; Harris v. City of New York, 211 A.D.2d 663). In this case, the plaintiffs failed to make such a showing. Notably, the defendants' delay in complying with a pre-calendar order was relatively minor and did not cause the plaintiffs to suffer any prejudice ( see, Hocevar v. Honig Indus. Diamond Wheel, 172 A.D.2d 588).

Bracken, J.P., Ritter, Santucci and Altman, JJ., concur.

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SELAMAJ v. CITY OF NEW YORK
(Jan 19, 1999)