An order striking the answer was entered after the court found that defendant failed to comply with the provisions of a conditional order striking the answer unless defendant complied with specified discovery demands within a specified time. The conditional order was issued following a prolonged period in which defendant provided partial but inadequate responses to outstanding discovery demands and orders, as well as a stipulation entered into between the parties. CPLR 3126 authorizes trial courts to craft self-executing orders that impose discovery sanctions on a party unless that party submits to the disclosure within a specified time. Conditional orders become absolute upon failure to fully comply wih them. Defendant's arguments that its noncompliance was not willful or contumacious is irrelevant because, where a litigant fails to comply with a conditional order, the court is not required to find that its failure to comply was willful. Relief from a conditional order requires a reasonable excuse for the failure to produce the requested items and the showing of a meritorious defense. Defendant's argument that plaintiff's document demands were improper and should not have been enforced by the court is unavailing since it failed to timely object to the document demands and never sought a protective order pursuant to CPLR 3103.
Citizen Watch Co. of Am., Inc. v. Zapco 1500 Inv., L.P., NY Slip Op 02823 (1st Dep't May 25, 2023)
