A discovery sanction resolving an issue against the party from whom discovery is sought under CPLR 3126(1) requires the moving party to demonstrate a pattern of deliberate, contumacious delay, as opposed to aberrant behavior where there otherwise is substantial compliance with discovery demands or a failure to comply based on a mistaken interpretation of what was required to be produced.
Sherman v. Zampella, NY Slip Op 06397 (1st Dep't November 20, 2025)
