Arts4all, Ltd. v. Hancock

Nardelli and McGuire, JJ.,

dissent in a memorandum by McGuire, J., as follows: In my view, Supreme Court erred in dismissing pursuant to CPLR 3126 plaintiffs’ remaining cause of action and all of defendant’s counterclaims since the drastic sanction of dismissal was not warranted. Accordingly, I would modify the July 25, 2006 order to impose against both sides the lesser sanction of terminating their respective rights to any further disclosure, reinstate the dismissed claims and remand the matter for a trial on the merits.

As we have recognized, “[b]ecause of the strong public policy in this…