Matter of Congregation Radin Dev., Inc. v Town of Ramapo

Holding The Appellate Division affirmed the lower court’s order precluding the petitioner from introducing certain evidence because it failed to comply with discovery demands. The court found that the petitioner’s repeated failure to produce required documents without a reasonable excuse supported an inference of willful and contumacious conduct.

The court’s words

Congregation's repeated failure to comply with discovery demands and orders directing discovery, without providing a reasonable excuse, supported an inference of willful and contumacious conduct

2026 NY Slip Op 06300, at the official text

before a court invokes the remedy of precluding evidence, there must be a clear showing that the failure to comply with discovery was willful and contumacious

2026 NY Slip Op 06300, at the official text

Resolution of discovery disputes and the nature and degree of the penalty to be imposed pursuant to CPLR 3126 are matters within the sound discretion of the motion court

2026 NY Slip Op 06300, at the official text