The nature and degree of a penalty imposed pursuant to CPLR 3126 for failure to comply with discovery is within the trial court's discretion. Although public policy strongly favors that actions be resolved on the merits, a court may resort to the drastic remedies of striking a pleading or precluding evidence upon a clear showing that a party's failure to comply with a disclosure order was the result of willful and contumacious conduct. The willful and contumacious character of a party's conduct can be inferred from either the repeated failure to respond to demands or comply with discovery orders without demonstrating a reasonable excuse for these failures, or the failure to comply with court-ordered discovery over an extended period of time.
Barua v. IM Peculiar, Inc., NY Slip Op 06591 (2d Dep't November 26, 2025)
