On March 10, 2021, the Appellate Division, Second Department, decided Nationstar Mortgage, LLC v. It is recognized that the penalties listed in CPLR 3126 “were not intended to be exhaustive” and the “practice commentaries to CPLR 3126 encourage the courts to exercise their ingenuity, and to devise sanctions as narrowly tailored as possible to the circumstances of the individual case.” DiDomenico v. an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or any part thereof, or rendering a judgment by default against the disobedient party. an order prohibiting the disobedient party from supporting or opposing designated claims or defenses, from producing in evidence designated things or items of testimony, or from introducing any evidence of the physical, mental or blood condition sought to be determined, or from using certain witnesses orģ. an order that the issues to which the information is relevant shall be deemed resolved for purposes of the action in accordance with the claims of the party obtaining the order orĢ. If any party, or a person who at the time a deposition is taken or an examination or inspection is made is an officer, director, member, employee or agent of a party or otherwise under a party’s control, refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed pursuant to this article, the court may make such orders with regard to the failure or refusal as are just, among them:ġ. One such example is CPLR 3124, which provides that “f a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under this article, except a notice to admit under section 3123, the party seeking disclosure may move to compel compliance or a response.” (Hyperlink added.) More significantly, however, CPLR 3126, which permits a court to impose hefty sanctions for discovery abuses, provides: In light of the important role disclosure plays in the orderly progress of the litigation process, the CPLR provides remedies for the failure to comply with disclosure. Henkin, 30 N.Y.3d 656, 661 (2018) (citation and internal quotation marks omitted). Lee, 170 A.D.3d 1073 (2 nd Dep’t 2019) (relying on, and quoting from Allen.) CPLR 3101 “embodies the policy determination that liberal discovery encourages fair an effective resolution of disputes on the merits, minimizing the possibility for ambush and unfair surprise.” Forman v. Crowell-Collier Publishing Co., 21 N.Y.2d 403, 406 (1968) see also, Vargas v. “The words, ‘material and necessary,’ are … to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity.” Allen v. In general, there “shall be full disclosure of all matters material and necessary in the prosecution or defense of an action, regardless of burden of proof….” CPLR 3101. SECOND DEPARTMENT UPHOLDS DISMISSAL OF DEFENDANT’S COUNTERCLAIMS AND PRECLUSION OF CERTAIN EVIDENCE AS A SANCTION PURSUANT TO CPLR 3126 FOR DISCOVERY ABUSES Print Articleĭisclosure in New York State court litigation is governed by Article 31 of the Civil Practice Law and Rules. Anti-Retaliation Under The SEC And CFTC Whistleblower Programs.The Confidentiality Protections Under The SEC/CFTC Whistleblower Program.The Whistleblower’s Information Must Lead To a Successful Enforcement Action.The Whistleblower Must Voluntarily Provide Original Information.The Process of Submitting A Whistleblower Claim.Eligibility Under The IRS Whistleblower Program.The Anti-Retaliation Provisions Of The False Claims Act.What to Expect When Blowing The Whistle.
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