Ordered that the order dated February 3, 1991, is affirmed; and it is further,
Ordered that the order dated November 4, 1991, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
It is well settled that the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left to the sound discretion of the trial court. Moreover, the drastic sanction of striking a pleading should not be invoked unless the resisting party's default is shown to be deliberate and contumacious (see, Mayers v. Consolidated Charcoal Co., 154 A.D.2d 577; Stathoudakes v. Kelmar Contr. Corp., 147 A.D.2d 690, 691). Contrary to the defendant's contentions, the denial by the Supreme Court of the defendant's motions to dismiss the complaint constituted a proper exercise of discretion under the circumstances. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.