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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06095 |
| Area of law | Civil Procedure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06095 |
| 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 | 1360 |
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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