Davoli v. New York State Electric & Gas Corp.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in awarding plaintiff attorney’s fees and costs on her motion to compel discovery (see, CPLR 3126). There is no evidence in the record that defendant or its attorney willfully refused to comply with plaintiff’s discovery demand, made just over two months before plaintiffs motion to compel, and the record discloses that defendant’s attorney requested clarification in attempting to comply with the demand (cf., Summit Waterproofing & Restoration Corp. v…