Ochoa v. C.I. Lobster Corp.

Summary

The Appellate Division, First Department reversed an order striking the plaintiff's pleadings under CPLR 3126 and denying reinstatement of the action as moot. Because the trial court had erroneously marked the action disposed and the record did not establish willful or contumacious noncompliance, the court reinstated the action and remanded for a discovery conference and extension of the note of issue deadline.

Holdings

1. The drastic sanction of striking plaintiff's complaint was unwarranted because defendants did not conclusively demonstrate willful, contumacious, or bad-faith nondisclosure, and the court's erroneous disposition of the action contributed to the procedural circumstances.
2. The action should be restored to the active calendar, plaintiff's motion to reinstate and extend the note of issue deadline should be granted, and the matter should be remanded for a discovery conference and scheduling of an extended note of issue deadline.

Questions Presented

1. Whether striking plaintiff's pleadings under CPLR 3126 was warranted absent a conclusive showing that plaintiff's nondisclosure was willful, contumacious, or in bad faith.
2. Whether the action should be restored to the active calendar and the note of issue deadline extended after the trial court erroneously marked the action disposed.

Disposition

reversed_and_remanded