Islar v. New York City Board of Education

*406Order, Supreme Court, New York County (Karen S. Smith, J.), entered March 16, 2009, which granted plaintiffs’ motion to strike defendants’ answer only to the extent of directing defendants to produce three specified witnesses for depositions and awarding plaintiffs costs of the depositions, including reasonable attorneys fees, unanimously affirmed, without costs.

The court exercised its discretion in a provident manner in imposing a lesser sanction than that requested (see Kugel v City of New York, 60 AD3d 403 [2009]). The record indicates that the missing witness statements from defendants’…