Practice point: As a sanction against a party who refuses to obey an order for
disclosure or wilfully fails to disclose information which should have been disclosed, a court may issue an order, among other things, prohibiting the disobedient party from producing in
evidence designated things or items of testimony or striking out
pleadings, pursuant to CPLR 3126[2], [3].
Student note: However, a court may invoke the drastic remedy of
striking a pleading only upon a clear showing that the
failure to comply with court-ordered discovery was willful and
contumacious.
Case: Holloway v. Station Bar Corp., NY Slip Op 08408 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Struck in the crosswalk, and a motion to renew.
