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O'CONNOR v. ROOT

284 A.D.2d 979 (2001)

726 N.Y.S.2d 895

MAUREEN O'CONNOR et al., Appellants, v. DAVID G. ROOT et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided June 8, 2001.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion for a default judgment based upon defendants' failure to comply with the parties' agreed-upon discovery schedule. That "harsh remedy * * * is generally not warranted `absent a showing that the noncomplying party's conduct was willful or contumacious'" (Gaylord Bros. v RND Co., 134 A.D.2d 848, quoting Sawh v Bridges...

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