Hanover v Speaker

Holding The Appellate Division affirmed the Supreme Court’s decision to issue conditional orders precluding evidence rather than striking the defendants’ answer. The court found that the defendants’ delays in producing insurance documents were not willful or contumacious, making the drastic remedy of striking the answer unwarranted.

The court’s words

Supreme Court providently exercised its discretion in concluding that conditional orders were appropriate

2026 NY Slip Op 05724, at the official text

demonstrate that defendants were not behaving in a "willful and contumacious" manner

2026 NY Slip Op 05724, at the official text

their failures should not be deemed willful or contumacious and thus, the drastic remedy of striking the answer was not warranted

2026 NY Slip Op 05724, at the official text