Fish & Richardson, P.C. v. Schindler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Richter, J.
This appeal brings up for review an order of Supreme Court that granted plaintiffs motion to strike defendant’s answer for failing to comply with multiple court orders and discovery deadlines. CPLR 3126 provides that if a party “refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed . . . , the court may make such orders ... as are just.” A court may strike an answer as a sanction where the moving party establishes that the failure to comply was “willful, contumacious or in bad faith”…
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