Summary
The Appellate Division, Second Department, affirmed an order vacating the striking of an insurance company's complaint in a de novo no-fault benefits action. The court held that the defendant failed to establish that the plaintiff's noncompliance with discovery obligations was willful or contumacious, making the drastic sanction of striking the pleading unwarranted. The court did not reach the defendant's remaining contention.
Court
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Jurisdiction
Supreme Court of the State of New York, Appellate Division, Second Department
Decision date
April 15, 2026
Docket number
2024-13388
Disposition
affirmed
Questions Presented
- Whether the Supreme Court properly granted the plaintiff's motion for leave to reargue and, upon reargument, vacated the prior order striking the complaint under CPLR 3126.
- Whether the defendant established that the plaintiff's failure to comply with court-ordered disclosure was willful or contumacious so as to warrant the drastic sanction of striking the complaint.
Holdings
- The Supreme Court properly granted reargument, vacated the portion of the prior order striking the complaint, and denied the defendant's motion to strike because the defendant failed to establish that the plaintiff's discovery noncompliance was willful or contumacious.
Court Document
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