Order reversed, without costs or disbursements, and defendant Frederic P. Wiedersum Associates' motion denied on condition that plaintiffs obtain and serve upon the said defendant a copy of an inspection report with respect to the drinking fountain in question and that plaintiffs' attorney personally pays to said defendant the sum of $750 within 20 days after service upon plaintiffs of a copy of the order to be made hereon, with notice of entry. In the event either condition is not complied with, order affirmed, with costs to defendant Frederic P. Wiedersum Associates. Under the circumstances in this record, we find that while the conduct of plaintiffs and their counsel is not excusable, it does not warrant the penalty of preclusion but rather warrants the sanctions herein imposed (cf. Boes v Harris, 96 A.D.2d 849; Passarelli v National Bank, 81 A.D.2d 635). Titone, J.P., Bracken, Brown and Rubin, JJ., concur.