Connors v. ASM Global Parent, Inc.

Summary

The Appellate Division, Third Department, held that the plaintiff's failure to provide a medical authorization pursuant to a so-ordered discovery stipulation was willful and contumacious. However, the court concluded that dismissal of the complaint was disproportionate, reversed the dismissal and fee award, remitted the matter for further proceedings, and imposed a $2,500 monetary sanction on plaintiff's trial counsel.

Holdings

1. Plaintiff's failure to comply with the express, clear, and voluntary terms of the so-ordered stipulation, after agreeing to provide the primary care authorization subject to sanctions, constituted willful and contumacious conduct.
2. Dismissal of the complaint was not warranted because the plaintiff's noncompliance, while willful and contumacious, did not rise to the level of obstinate disobedience deserving of the ultimate sanction.
3. A $2,500 monetary sanction imposed on plaintiff's trial counsel was appropriate in lieu of dismissal and the lower court's corresponding award of reasonable costs and counsel fees.

Questions Presented

1. Whether plaintiff's failure to comply with the so-ordered discovery stipulation was willful and contumacious.
2. Whether dismissal of the complaint was a proportionate sanction for plaintiff's discovery noncompliance.
3. Whether a monetary sanction should be imposed in lieu of dismissal and the lower court's award of costs and counsel fees.

Disposition

reversed_and_remanded