O'Connor v. Root

—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 AD2d 848, quoting Sawh v Bridges, 120 AD2d 74, 78, appeal dismissed 69 NY2d 852). Here, there was no showing that defendants’ noncompliance was willful or contumacious (see, Monaco v Camie-Campbell, Inc., 256 AD2d…