Wednesday, November 30, 2016

The penalty for non-compliance with discovery orders.

The Appellate Division affirmed the order which denied plaintiff's motion to strike the answer and ordered defendant to appear for deposition within 30 days or be precluded from testifying.

Practice point:  It is within the trial court's discretion to determine the appropriate penalty for noncompliance with discovery orders, and the sanction will remain undisturbed unless there has been a clear abuse of discretion.

Case:  Devlin v. Desamours, NY Slip Op 07841 (1st Dep't November 22, 2016)

Here is the decision.

Tomorrow's issue: Judicial review of an agency's determination.