Wright v. Mount Vernon Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*874As a sanction against a party who “refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed,” a court may issue an order, inter alia, “prohibiting the disobedient party . . . from producing in evidence designated things or items of testimony,” or “striking out pleadings” (CPLR 3126 [2], [3]). Here, the plaintiff’s willful and contumacious conduct can be inferred from the plaintiffs repeated failure to comply with orders directing that her deposition be commenced or completed by a date certain, the plaintiffs…
2Cases cited6 opinions
- Caffee v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1984
- Commisso v. OrshanAppellate Division of the Supreme Court of the State of New York · 2011
- Rawlings v. GillertAppellate Division of the Supreme Court of the State of New York · 2010
- Caccioppoli v. Long Island Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 2000
- Caramoor Capital Group, Inc. v. BlaunerAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by1 opinion
- DeSimone v. Northport-East Northport Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2025