The nature and degree of the sanction to be imposed on a motion pursuant to CPLR 3126 is within the broad discretion of the motion court (see Zletz v Wetanson, 67 NY2d 711, 713; Pirro Group, LLC v One Point St., Inc., 71 AD3d 654, 655; Novick v DeRosa, 51 AD3d 885; Martin v City of New York, 46 AD3d 635; Bomzer v Parke-Davis, Div. of Warner Lambert Co., 41 AD3d 522). “The striking of a pleading may be appropriate where there is a clear showing that the failure to comply with discovery demands is willful and contumacious” (McArthur v New York City Hous. Auth., 48 AD3d 431, 431; see Workman v Town of Southampton, 69 AD3d 619, 620; Northfield Ins. Co. v Model Towing & Recovery, 63 AD3d 808, 809).

em>ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future. Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY SHOULD BE CONSULTED.


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