Resolution of discovery disputes and the nature and degree of any penalty to be imposed, pursuant to CPLR 3126, is within the sound discretion of the motion court. 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 striking of a pleading may be appropriate where there is 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 to comply, or a failure to comply with court-ordered discovery over an extended period of time
Here, the plaintiff's repeated failure to appear for a deposition, in violation of multiple Supreme Court orders, coupled with his failure to demonstrate a reasonable excuse for that failure, supports an inference that his conduct was willful and contumacious. It was a provident exercise of the court's discretion to grant the defendant's motion to strike the complaint.
Sheikh v. Poplardo, NY Slip Op 04753 (2d Dep't July 27, 2022)
