Practice point: If a party refuses to obey an order for disclosure or willfully fails to disclose information, the court may dismiss the action, pursuant to CPLR 3126(3). While, whenever possible, actions should be resolved on the merits, a court may strike a pleading on a clear showing that a party's failure to comply with a disclosure order was the result of willful and contumacious conduct.
Case: Corex-SPa v Janel Group of N.Y., Inc., NY Slip Op 08502 (2d Dep't December 6, 2017)
Here is the decision.
