Dominguez v. New York City Hous. Auth.

Summary

The Appellate Division, Second Department reversed an order imposing a CPLR 3126 discovery sanction against the New York City Housing Authority in a personal-injury action. The court held that the plaintiff failed to establish that the defendant's incomplete discovery responses and failure to appear for a deposition were willful, deliberate, and contumacious, and therefore denied the motion to preclude the defendant from offering evidence at trial.

Holdings

1. Preclusion under CPLR 3126 requires a clear showing that the offending party's failure to comply with disclosure obligations was willful, deliberate, and contumacious.
2. The record did not support an inference that the defendant's failure to appear for its deposition or its discovery responses were willful and contumacious; therefore, the plaintiff's CPLR 3126 motion to preclude the defendant from offering evidence at trial should have been denied.

Questions Presented

1. Whether the defendant's alleged discovery deficiencies and failure to appear for a court-ordered deposition demonstrated the willful, deliberate, and contumacious noncompliance required to impose preclusion under CPLR 3126.
2. Whether Supreme Court properly exercised its discretion in precluding the defendant from testifying at a deposition or submitting an affidavit on liability.

Disposition

reversed