Practice point: The striking of a pleading may be appropriate where there is a clear showing that the failure to comply with discovery demands or court-ordered discovery is willful and contumacious. The willful and 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: The nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the Supreme Court.
Case: Schiller v. Sunharbor Acquisition I, LLC, NY Slip Op 05866 (2d Dep't July 26, 2017)
Here is the decision.
Tuesday's issue: A claim for breach of fiduciary duty.
