The drastic remedy of dismissing a complaint for the plaintiff's failure to comply with court-ordered discovery is warranted where the conduct is shown to be willful and contumacious. The willful and contumacious character of a party's conduct can be inferred from either (1) the repeated failure to respond to demands or comply with court-ordered discovery, without a reasonable excuse, or (2) the failure to comply with court-ordered discovery over an extended period of time. Here, the willful and contumacious nature of the plaintiffs' conduct may properly be inferred from their repeated failures, without a reasonable excuse, to comply with the defendants' discovery demands, the court's order, and prior so-ordered stipulations.
Ashfaq v. Ice Cream Depot Corp., NY Slip Op 05674 (2d Dep't October 12, 2022)
