CPLR 3126(3) — The Ultimate Remedy for Willful Failure to Disclose

By: Leo K. Barnes Jr.

In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both the trial and appellate courts […]