Practice point: Pursuant to CPLR 3126, a court may strike an answer as a sanction if a defendant refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed.
Student note: However, the drastic remedy of striking an answer is inappropriate absent a clear showing that the defendant's failure to comply with discovery demands was willful or contumacious.
Case: Hoi Wah Lai v. Mack, NY Slip Op 08563 (2d Dept. 2011).
Tomorrow’s issue: Affirmative defenses.
