Legal Opinion
Facey v. Silver Express Cab Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 2011PublishedCited by 7 opinions
1Opinion of the Court
As a sanction against a party who “refuses to obey an order for disclosure or wilfully 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]). A court may invoke the drastic remedy of striking a pleading, however, only upon a clear showing that the failure to comply with court-ordered discovery was willful and contumacious (see Argo v Queens Surface Corp., 58 AD3d 656…
2Cases cited4 opinions
- Paca v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Argo v. Queens Surface Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Patel v. DeLeonAppellate Division of the Supreme Court of the State of New York · 2007
- Williams v. Ryder TRS, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by7 opinions
- Krause v. LobaczAppellate Division of the Supreme Court of the State of New York · 2015
- Gutman v. CabreraAppellate Division of the Supreme Court of the State of New York · 2014
- Shah v. Oral Cancer Prevention International, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Brodsky v. Amber Court Assisted Living, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Holloway v. Station Bar Corp.Appellate Division of the Supreme Court of the State of New York · 2013
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