LIMONES v. CITY OF NEW YORK

Given defendant's compliance, albeit belated, with the preliminary conference order, which largely incorporated plaintiffs' notice of discovery, it cannot be said that defendant's failure to comply with plaintiffs' discovery demands was willful and contumacious so as to warrant the drastic relief sought by plaintiffs on the motion.

Concur — Sullivan, J. P., Milonas, Tom and Mazzarelli, JJ.