Leader v 85 Quay St., LLC

Holding The Appellate Division affirmed the lower court’s refusal to dismiss the complaint for failure to provide discovery, finding that the defendant did not demonstrate the plaintiff’s conduct was willful and contumacious. The court held that the prior order was not a self-executing conditional order of dismissal and that the drastic remedy of striking a pleading was unwarranted given the plaintiff’s eventual compliance and explanations.

The court’s words

the striking of a party's pleading is a drastic remedy which is warranted only where there has been a clear showing that the failure to comply with discovery is willful and contumacious

2026 NY Slip Op 06289, at the official text

85 Quay failed to make the requisite clear showing that the plaintiff's conduct was willful and contumacious

2026 NY Slip Op 06289, at the official text

the December 2024 order was not a conditional order of dismissal

2026 NY Slip Op 06289, at the official text

the plaintiff served unrestricted authorizations for each of the five items specified in the December 2024 order

2026 NY Slip Op 06289, at the official text