Striking a pleading.

Practice point: While CPLR § 3126 authorizes the striking of a party's pleadings, this extreme sanction is only authorized when a party refuses to obey an order for disclosure or willfully refuses to disclose information which the court finds ought to have been disclosed.

Student note: Here, where plaintiff had already been sanctioned for its failure to provide discovery and where defendants premised their motion to strike primarily on plaintiff's failure to proceed with court-ordered mediation, CPLR § 3126 does not apply.

Case: Carnegie Assoc. Ltd. v. Miller, NY Slip Op 02422 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Assumption of the risk.