Ebony Smith, an Infant, by Her Parents and Natural Guardians, Roy Smith, et al., et al., Respondents, v. Parkchester Apts. Co. et al., Appellants

Ebony Smith, an Infant, by Her Parents and Natural Guardians, Roy Smith, et al., et al., Respondents, v Parkchester Apts. Co. et al., Appellants. [680 NYS2d 541] [MAJORITY] —Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered on or about October 28, 1997, which denied defendants’ motion to strike the complaint for plaintiffs’ failure to comply with court-ordered disclosure, unanimously affirmed, without costs. The motion court, which, in directing an in camera examination of the infant plaintiff to determine her competency as a witness, effectively reversed so much of its prior order as directed plaintiffs’ depositions by a date certain, properly exercised its discretion in giving plaintiffs one last chance to comply with that part of the prior order as directed the infant plaintiff to submit to a mental examination. We note, however, that the sanctions ordered by Supreme Court to be paid by plaintiffs-respondents’ counsel, in its order of April 2, 1997, have yet to be paid. Concur — Rosenberger, J. P., Wallach, Rubin and Saxe, JJ.