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This entry was published on 2014-09-22
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SECTION 3126
Penalties for refusal to comply with order or to disclose
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 31
§ 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.