§ 3126.Penalties for refusal to comply with order or to disclose.

CPLR 3126 is where New York discovery disputes end when persuasion and motions to compel haven't worked. It applies to a party, or to someone connected to a party — an officer, director, member, employee, or agent — who refuses to obey a disclosure order, or who willfully fails to disclose information the court finds should have been turned over under Article 31. The rule gives the court broad discretion to fashion orders “as are just,” and lists three of the most common.

The mildest is an issue-preclusion order: treating the issues the missing information relates to as resolved in favor of the party who sought disclosure. The next tier blocks the disobedient party from supporting or opposing specific claims or defenses, from putting certain evidence or witnesses before the jury, or from introducing evidence about a physical, mental, or blood condition the party refused to let anyone examine. The most severe response strikes pleadings, stays the case until the order is obeyed, dismisses the action or part of it, or enters a default judgment against the disobedient party.

None of these penalties is automatic. Courts look for willfulness — a party who truly can't comply, rather than one who won't, generally isn't punished the same way as one who ignores a clear order without excuse. But once a court finds that willful noncompliance, the remedy can be severe enough to end a case before it reaches trial, which is why CPLR 3126 motions carry real weight even when discovery disputes seem, on their surface, procedural.