Practice point: A party that does not offer court-ordered disclosure is subject to preclusion of its evidence, pursuant to CPLR 3126.
Practitioners should note that the sanction is within the broad discretion of the court, and likely will not be disturbed on appeal.
Case: Emmitt v. City of New York, NY Slip Op 07331 (1st Dept. 2009)
Tomorrow’s issue: Motion practice.
