Ordered that the order is affirmed, with costs.
The plaintiff contends that the Supreme Court should have granted his motion to strike the defendant's answer pursuant to CPLR 3126 (3) due to the defendant's belated compliance with discovery demands. Actions should be resolved on the merits wherever possible, and the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is a matter of discretion with the court (see Espinal v City of New York,...
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