The motion court considered plaintiff's objections to discovery demands and found them inadequate, given that there are two inconsistent documents in the record. Further, plaintiff had not provided an affidavit concerning its search for documents, and had not produced a witness for deposition. After issuing a conditional order of dismissal, the motion court does not have to inquire into whether plaintiff's noncompliance with discovery was willful.
Wilmington Sav. Fund Socy, FSB v. Donaldson, NY Slip Op 03465 (1st Dep't May 26, 2022)
