Key Takeaway
Court properly struck defendant's answer for discovery violations, demonstrating that conditional orders must be followed and cross-motions won't save non-compliant parties.
Discovery compliance isn’t optional in New York litigation — it’s a fundamental requirement that courts take seriously. When parties fail to respond to legitimate discovery requests or ignore court orders compelling disclosure, they risk severe sanctions including the striking of their pleadings. This principle becomes even more critical when defendants attempt to circumvent their discovery obligations while simultaneously seeking affirmative relief through summary judgment motions.
The case of Cps 227 LLC v Brody illustrates a common but costly mistake: believing that filing a cross-motion for summary judgment can somehow override or excuse blatant discovery violations. This strategic miscalculation demonstrates why parties must prioritize compliance with discovery obligations before pursuing other litigation tactics. Courts maintain broad discretion to impose sanctions when parties demonstrate a pattern of non-compliance with discovery orders.
Jason Tenenbaum’s Analysis:
Cps 227 LLC v Brody, 2016 NY Slip Op 00446 (1st Dept. 2016)
“Supreme Court properly struck defendant’s answer based on its finding that he failed to comply with a conditional order requiring compliance with discovery demands, and his pattern of disobeying discovery orders (see Fish & Richardson, P.C. v Schindler, 75 AD3d 219 ). It also properly awarded plaintiff its attorneys’ fees and costs as a result of defendant’s discovery abuses. As plaintiff was entitled to have the answer struck and a default judgment entered on the complaint, the court properly awarded the sum alleged in the complaint without ordering an inquest, and correctly declined to consider the merits of defendant’s cross motion for summary judgment (see AWL Indus., Inc. v QBE Ins. Corp., 65 AD3d 904 ).”
Key Takeaway
When a court issues a conditional order requiring discovery compliance, defendants must follow it precisely or risk having their answer struck. Filing a cross-motion for summary judgment cannot cure discovery violations or prevent sanctions. Courts will properly refuse to consider the merits of any motion filed by a party whose pleadings have been struck for non-compliance.
