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DELAROSA v. BESSER COMPANY

2010-06978.

86 A.D.3d 588 (2011)

926 N.Y.S.2d 910

2011 NY Slip Op 6016

EDUARDO DELAROSA, Respondent, v. BESSER COMPANY et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 19, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the appellants' motion which was to dismiss the complaint pursuant to CPLR 3126 (3), since there was no clear showing that the plaintiff's failure to comply with the appellants' discovery demand was willful and contumacious (see CPLR 3126; ACME ANC Corp. v Read, 55 A.D.3d 854

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