§ 3126 — Penalties for refusal to comply with order or to disclose

New York § 3126

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 31: Disclosure

Text

§ 3126. Penalties for refusal to comply with order or to disclose. If\nany party, or a person who at the time a deposition is taken or an\nexamination or inspection is made is an officer, director, member,\nemployee or agent of a party or otherwise under a party's control,\nrefuses to obey an order for disclosure or wilfully fails to disclose\ninformation which the court finds ought to have been disclosed pursuant\nto this article, the court may make such orders with regard to the\nfailure or refusal as are just, among them:\n 1. an order that the issues to which the information is relevant shall\nbe deemed resolved for purposes of the action in accordance with the\nclaims of the party obtaining the order; or\n 2. an order prohibiting the disobedient party from supporting or\nopposing designated claims or defenses, from producing in evidence\ndesignated things or items of testimony, or from introducing any\nevidence of the physical, mental or blood condition sought to be\ndetermined, or from using certain witnesses; or\n 3. an order striking out pleadings or parts thereof, or staying\nfurther proceedings until the order is obeyed, or dismissing the action\nor any part thereof, or rendering a judgment by default against the\ndisobedient party.\n