A court may strike a pleading, or any part thereof, as a sanction against a party who refuses to obey an order for disclosure or willfully fails to disclose information which the court finds should have been disclosed. The nature and degree of the sanction to be imposed on a 3126 motion is a matter of the court's discretion with the court, but the remedy of dismissal is only warranted where there has been a clear showing that the failure to comply with discovery demands is 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, or a failure to comply with court-ordered discovery over an extended period of time.
Bouri v. Jackson, NY Slip Op 08552 (2d Dep't November 27, 2019)
Here is the decision.
