Practice point: On a motion to strike a pleading, pursuant to CPLR 3126, for failure to comply with a discovery order, movant must show that the non-disclosure was willful, contumacious or in bad faith.
Student note: Willful or contumacious behavior is inferred from the non-compliance with the court order, absent a sufficient excuse.
Case: Henderson-Jones v. New York, NY Slip Op 06327 (1st Dept. 2011).
Here is the decision.
Tomorrow: Attorney affirmations.
Student note: Willful or contumacious behavior is inferred from the non-compliance with the court order, absent a sufficient excuse.
Case: Henderson-Jones v. New York, NY Slip Op 06327 (1st Dept. 2011).
Here is the decision.
Tomorrow: Attorney affirmations.
