A court may impose discovery sanctions, including the striking of a pleading, where a party "refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed." The nature and degree of a statutory penalty for discovery violations is addressed to the court's discretion. While public policy strongly favors the resolution of actions on the merits, the court may resort to the drastic remedies of striking a pleading or precluding evidence upon a clear showing that a party's failure to comply with a disclosure order was the result of willful and contumacious conduct. The court can infer that a party is acting willfully and contumaciously through the party's repeated failure to adequately respond to discovery demands or to comply with discovery orders.
Ambroise v. Palmana Realty Corp., NY Slip Op 05018 (2d Dep't September 22, 2021)
