A plaintiff may be precluded from offering any evidence of damages for willful and contumacious conduct that may be inferred from the repeated failure to respond to discovery demands or comply with court-ordered discovery, coupled with an inadequate explanation. On appeal, the standard is abuse of discretion.
Gafarova v. Yale Realty, LLC, NY Slip Op 05960 (2d Dep't July 31, 2019)
Here is the decision.
