N.Y. CPLR § 3126

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3126 Penalties for refusal to comply with order or to disclose § 3126. Penalties for refusal to comply with order or to disclose. Ifany party, or a person who at the time a deposition is taken or anexamination 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 discloseinformation which the court finds ought to have been disclosed pursuantto this article, the court may make such orders with regard to thefailure or refusal as are just, among them:1. an order that the issues to which the information is relevant shallbe deemed resolved for purposes of the action in accordance with theclaims of the party obtaining the order; or2. an order prohibiting the disobedient party from supporting oropposing designated claims or defenses, from producing in evidencedesignated things or items of testimony, or from introducing anyevidence of the physical, mental or blood condition sought to bedetermined, or from using certain witnesses; or3. an order striking out pleadings or parts thereof, or stayingfurther proceedings until the order is obeyed, or dismissing the actionor any part thereof, or rendering a judgment by default against thedisobedient party.