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Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06095

De Almeida v Scavone

Read the official decision: 2026 NY Slip Op 06095

Holding The Appellate Division affirmed the order compelling the defendants to provide discovery but modified it by deleting the provision that conditionally struck their answer. The court found that while the lower court properly exercised discretion in compelling discovery, it did not providently exercise discretion in imposing the sanction of striking the answer.

The court’s words

unusual or unanticipated circumstances developed subsequent to the filing requiring additional pretrial proceedings to prevent substantial prejudice

2026 NY Slip Op 06095, at the official text

CPLR 3126 empowers a court to craft a conditional order which imposes discovery sanctions, including the striking of a pleading

2026 NY Slip Op 06095, at the official text

it cannot be said that the Supreme Court providently exercised its discretion in conditionally striking the defendants' answer

2026 NY Slip Op 06095, at the official text
CourtAppellate Division, Second Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 06095
Area of lawCivil Procedure
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06095
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1360

Recommended citation

ESQ HQ, New York Law Watch, De Almeida v Scavone, 2026 NY Slip Op 06095 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06095/

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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Published October 21, 2026. Updated October 21, 2026.