Mateo v. T & H Enterprises

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), *412entered February 28, 2008, which, to the extent appealed from, denied defendant T & H Enterprise’s motion to dismiss the complaint, unanimously affirmed, without costs.

Dismissal is the most drastic sanction contemplated by the CPLR for failure to comply with discovery and should be imposed only when the conduct of the offending party was willful, contumacious, or in bad faith (see Palacios v New York City Tr. Auth., 50 AD3d 520 [2008]; Cespedes v Mike & Jac Trucking Corp., 305 AD2d 222 [2003]; Tsai v Hernandez, 284 AD2d 116, 117…