When a party fails to comply with a court order and frustrates the disclosure scheme set forth in the CPLR, it is within the court's discretion to strike or dismiss a pleading. The drastic remedy of dismissing a complaint is granted only where the plaintiff's conduct is willful and contumacious. Such conduct may be inferred from the repeated failure to comply with court-ordered discovery, coupled with inadequate explanations for the failures to comply, or a failure to comply over an extended period of time.
Empire Enters. I.J.J.A., Inc. v Daimler Buses of N. Am., Inc., NY Slip Op 03570 (2d Dep't May 8, 2019)
Here is the decision.
