Practice point: An action may be dismissed, pursuant to CPLR 3126, where a party disobeys a discovery order or willfully fails to disclose information which the court finds should have been disclosed.
Practitioners should note that parties who do not respond expeditiously to discovery notices should be afforded reasonable latitude before dismissal, and the complaint should not be dismissed unless the noncompliance was willful, contumacious or in bad faith.
Case: Shure v. New York Cruise Lines, Inc., NY Slip Op 01335 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Tortious interference with prospective employment.
