ยง 3126. Penalties for refusal to comply with order or to disclose. If
any party, or a person who at the time a deposition is taken or an
examination or inspection is made is an officer, director, member,
employee or agent of a party or otherwise under a party's control,
refuses to obey an order for disclosure or wilfully fails to disclose
information which the court finds ought to have been disclosed pursuant
to this article, the court may make such orders with regard to the
failure or refusal as are just, among them:
1. an order that the issues to which the information is relevant shall
be deemed resolved for purposes of the action in accordance with the
claims of the party obtaining the order; or
2. an order prohibiting the disobedient party from supporting or
opposing designated claims or defenses, from producing in evidence
designated things or items of testimony, or from introducing any
evidence of the physical, mental or blood condition sought to be
determined, or from using certain witnesses; or
3. an order striking out pleadings or parts thereof, or staying
further proceedings until the order is obeyed, or dismissing the action
or any part thereof, or rendering a judgment by default against the
disobedient party.
Structure New York Laws
CVP - Civil Practice Law and Rules
3102 - Method of Obtaining Disclosure.
3104 - Supervision of Disclosure.
R3105 - Notice to Party in Default.
R3106 - Priority of Depositions; Witnesses; Prisoners; Designation of Deponent.
R3107 - Notice of Taking Oral Questions.
R3108 - Written Questions; When Permitted.
R3109 - Notice of Taking Deposition on Written Questions.
R3110 - Where the Deposition Is to Be Taken Within the State.
R3111 - Production of Things at the Examination.
R3112 - Errors in Notice for Taking Depositions.
R3113 - Conduct of the Examination.
R3114 - Examination of Witness Who Does Not Understand the English Language.
R3115 - Objections to Qualification of Person Taking Deposition; Competency; Questions and Answers.
R3116 - Signing Deposition; Physical Preparation; Copies.
3119 - Uniform Interstate Depositions and Discovery.
3121 - Physical or Mental Examination.
R3122 - Objection to Disclosure, Inspection or Examination; Compliance.
R3122-A - Certification of Business Records.
3122-B - Certification of Insurance Disclosure.
3123 - Admissions as to Matters of Fact, Papers, Documents and Photographs.
R3124 - Failure to Disclose; Motion to Compel Disclosure.
R3125 - Place Where Motion to Compel Disclosure Made.
3126 - Penalties for Refusal to Comply With Order or to Disclose.
3130 - Use of Interrogatories.
3131 - Scope of Interrogatories.
R3132 - Service of Interrogatories.
R3133 - Service of Answers or Objections to Interrogatories.