Marrero v. City of New York

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about July 7, 2000, which, to the extent appealed from, denied plaintiffs’ motion to strike defendants’ answer pursuant to CPLR 3126, unanimously affirmed, without costs.

In this medical malpractice/wrongful death action, the motion court properly exercised its discretion in denying plaintiffs’ motion to strike defendants’ answer since the record before the court did not justify the inference that defendants’ failure to complete discovery had been willful, contumacious or in bad faith (see, Tsai v Hernandez, 284 AD2d 116).…