Courts have the inherent authority to strike the complaint and dismiss the action where the plaintiff refuses to answer questions posed at an examination before trial on grounds of the privilege against self-incrimination. On the appeal of a dismissal made pursuant to this inherent power, the only inquiry is whether the questions that the plaintiff refused to answer were material and necessary to the defendant's defense, pursuant to CPLR 3101.
Small v. DMRG Group LLC, NY Slip Op 05551 (1st Dep't November 2, 2023)
