Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and that branch of the motion which was pursuant to CPLR 3126 to strike the complaint and dismiss the action is denied.
The Supreme Court improvidently exercised its discretion in striking the complaint absent a clear showing that the plaintiff's failure to comply with court-ordered disclosure was willful and contumacious (see CPLR 3126; Mawson v Historic Props...
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