Pursuant to CPLR 3126, a court may impose sanctions, including striking a pleading or precluding evidence, where a party refuses to obey an order for disclosure or willfully fails to disclose information. The determination whether to strike a pleading or to preclude evidence for failure to comply with court-ordered disclosure lies within the court's sound discretion. However, since public policy strongly favors the resolution of actions on the merits, the striking of a party's pleading is warranted only where there has been a clear showing that the failure to comply is willful and contumacious.
Williams v. Staten Is. Univ. Hosp., NY Slip Op 04814 (2d Dep't August 27, 2025)
