Sanctions for discovery violations.

Practice point: The general rule is that a court must impose a sanction commensurate with the particular disobedience it is designed to punish. Before a court invokes the drastic remedy of striking a pleading, or even of precluding evidence, there must be a clear showing that the failure to comply with court-ordered discovery was willful and contumacious.

Student note: The nature and degree of a penalty to be imposed under CPLR 3126 is addressed to the court's discretion, and the statute permits courts to fashion such orders as are just.

Case: Zakhidov v. Boulevard Tenants Corp., NY Slip Op 04334 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Service of a petition to vacate an arbitration award.