Kahre-Richardes Family Foundation, Inc. v. Village of Baldwinsville

Order unanimously, reversed, with costs, and motion granted. Memorandum: Plaintiffs move for an order vacating the default judgment dismissing their complaint against defendant village because of plaintiffs’ failure to serve answers to interrogatories in compliance with a conditional order (see CPLR 3126). Special Term properly decided to grant the motion in the exercise of its discretion inasmuch as there was no showing that plaintiffs’ failure was willful or contumacious (see Brothers v Scott, 81 AD2d 753; Ortiz v New York City Health & Hosps. Corp., 72 AD2d 741, 742) but subsequently…