Ordered that the order dated December 8, 2003, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated February 3, 2004 is affirmed; and it is further,
Ordered that one bill of costs is awarded to the plaintiffs.
The nature and degree of the penalty to be imposed pursuant to CPLR 3126 for failure to comply with discovery is within the trial court's discretion (see Mendez v City of New York,
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