Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05206
Sofra Mediterranean Grill, Ltd. v Chebli
Read the official decision: 2026 NY Slip Op 05206
Holding The Appellate Division affirmed the lower court’s order striking the defendant’s answer and third-party complaint, as well as the plaintiff’s amended complaint and the third-party defendants’ answer, due to willful and contumacious conduct. The court found that both sides demonstrated repeated failures to comply with court-ordered discovery demands and deposition schedules, justifying the severe sanctions under CPLR 3126.
The court’s words
the defendant's willful and contumacious conduct can be inferred from his failure over an extended period of time
2026 NY Slip Op 05206, at the official text
the willful and contumacious conduct of the plaintiff and the third-party defendants can be inferred from their repeated failures
2026 NY Slip Op 05206, at the official text
the Supreme Court was not required to deny the motion of the plaintiff and the third-party defendants due to their failure to submit a word count certification
2026 NY Slip Op 05206, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05206 |
| Area of law | Civil Procedure |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05206 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 414 |
Recommended citation
ESQ HQ, New York Law Watch, Sofra Mediterranean Grill, Ltd. v Chebli, 2026 NY Slip Op 05206 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05206/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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