AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MARY E. HOWE, Appellant, v. COSTLEY A. JEREMIAH, Respondent.

Ordered that the order is affirmed, with costs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the trial court ( see Kihl v Pfeffer, 94 NY2d 118, 122-123). The striking of a pleading may be appropriate where there is a clear showing that the failure to comply with discovery demands is willful or contumacious ( see Devito v J J Towing, Inc., 17 AD3d 624). The willful or contumacious character of a party's conduct can be inferred from the party's repeated failure to respond to demands and/or to comply with discovery orders ( see McArthur v New York City Hous. Auth., 48 AD3d 431). Contrary to the plaintiffs contentions, the willful or contumacious character of the conduct at issue could be properly inferred by the court from her repeated failures to comply with the defendant's discovery demands and the court's discovery orders to provide certain disclosure without an adequate excuse ( id.).

Use AI to get other relevant cases.

Comments

HOWE v. JEREMIAH
(May 27, 2008)