The resolution of discovery disputes and the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is left to the sound discretion of the motion court. Actions should be resolved on their merits whenever possible, and the drastic remedy of striking a pleading or the alternative remedy of precluding evidence should not be employed without a clear showing that the failure to comply with court-ordered discovery was willful and contumacious.
Edwards v. Freedom Church of Revelation, NY Slip Op 04305 (2d Dep't August 28, 2024)
