D.A. Bennett LLC v. Cartz

I agree with the majority that City Court never made a finding of willfulness regarding defendant Kermit Hayes (hereinafter defendant) and that the scant record does not support an inference of willfulness regarding defendant’s production of, or failure to produce, his business records. I reach a different *948conclusion, however, as to defendant’s tax returns.1 Therefore, I partially dissent.

If a party willfully fails to disclose information that should have been disclosed pursuant to CPLR article 31, the court may impose a sanction for that disclosure violation (see CPLR 3126). Some permitted…