CONSUMER CREDIT v. GREEN

MEMORANDUM. Order unanimously reversed, without costs, and motion denied on condition that plaintiff's attorney pay the sum of $50 to defendant's attorney within five days of service of a copy of the order hereon; otherwise, order affirmed with $10 costs.

The failure to disclose was not so willful as to justify the drastic remedy of dismissal (Marsh v Lee Sons, 34 A.D.2d 985; Askinazy v Jacobson, 40 A.D.2d 860; Cinelli v Radcliffe, 35 A.D.2d 829; La Manna Concrete v Friedman, 34 A.D.2d 576).

Concur: SWARTZWALD, P.J., RINALDI and BUSCHMANN, JJ.