Kirby v. Philbert

Summary

The Appellate Division, Second Department, affirmed an order denying the plaintiff's motion to strike the defendants' answer or impose other sanctions under CPLR 3124 and 3126 for failure to provide court-ordered discovery. The court held that there was no clear showing that the defendants' noncompliance was willful and contumacious, and upheld the trial court's decision to extend the discovery deadline.

Holdings

1. Striking the defendants' answer, precluding them from supporting claims or defenses, or directing that liability issues be resolved in plaintiff's favor was not warranted because plaintiff failed to make a clear showing that defendants' noncompliance was willful and contumacious.

Questions Presented

1. Whether defendants' failure to comply with the court-ordered discovery warranted striking their answer, precluding them from supporting claims or defenses, or resolving all liability issues in plaintiff's favor under CPLR 3126.
2. Whether Supreme Court providently exercised its discretion by denying severe discovery sanctions while extending defendants' deadline to produce the demanded material.

Disposition

affirmed