Practice point: Before a court invokes the drastic remedy of precluding evidence, there must be a clear showing that the party's failure to comply with discovery demands or court-ordered discovery was willful and contumacious. Willful and contumacious conduct may be inferred from a party's repeated failure to comply with court-ordered discovery, coupled with inadequate explanations for the failures to comply, or a failure to comply with court-ordered discovery over an extended period of time.
Student note: The nature and degree of a penalty to be imposed on a motion pursuant to
CPLR 3126 is a matter generally left to the discretion of the Supreme
Court.
Case: Candela v. Kantor, NY Slip Op 07106 (2d Dep't October 11, 2017)
Here is the decision.
