Practice point: To invoke the drastic remedy of preclusion, the court must
determine that the offending party's lack of cooperation with disclosure
was willful, deliberate, and contumacious. The willful or contumacious character of a party's conduct can be
inferred from the party's repeated failure to comply with discovery
demands or orders without a reasonable excuse.
Student note: Pursuant to CPLR 3126, a court may impose discovery sanctions,
including the striking of a pleading or preclusion of evidence, where a
party refuses to obey an order for disclosure or willfully fails to
disclose information which the court finds ought to have been
disclosed. The nature and degree of the penalty is a matter generally left to the court's discretion
Case: Aha Sales, Inc. v. Creative Bath Prods., Inc., NY Slip Op 07001 (2d Dept. 2013).
Here is the decision.
Wednesday's issue: A fall from a catwalk.
