Houghton v Piperaro

Holding The Appellate Division reversed the lower court’s order granting defendants’ motions to preclude evidence under CPLR 3126. The court held that the defendants failed to make a clear showing that the plaintiffs’ failure to comply with discovery demands was willful or contumacious.

The court’s words

Before a court invokes the drastic remedy of precluding a party from offering evidence at trial, there must be a clear showing that the failure to comply with court-ordered discovery was willful and contumacious

2026 NY Slip Op 05290, at the official text

The willful or contumacious character of a party's conduct can be inferred from the party's repeated failure to comply with discovery demands or orders without a reasonable excuse

2026 NY Slip Op 05290, at the official text

Here, the defendants failed to make a clear showing that the plaintiffs' failure to comply with discovery demands was willful or contumacious

2026 NY Slip Op 05290, at the official text