Dabrowski v. ABAX Inc.

Order, Supreme Court, New York County (George J. Silver, J.), entered September 4, 2014, which denied defendants-appellants’ motion for discovery sanctions against four class members, unanimously affirmed, without costs.

The motion court providently exercised its discretion in deny ing defendants’ motion to dismiss the four class members from the class, as they did not show that the four class members’ failure to appear for a court-ordered deposition was willfull, contumacious or in bad faith (see CPLR 3126; Henderson-Jones v City of New York, 87 AD3d 498, 504 [1st Dept 2011]). There is no…