![]() One such example is CPLR 3124, which provides that “f a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under this article, except a notice to admit under section 3123, the party seeking disclosure may move to compel compliance or a response.” (Hyperlink added.) More significantly, however, CPLR 3126, which permits a court to impose hefty sanctions for discovery abuses, provides: In light of the important role disclosure plays in the orderly progress of the litigation process, the CPLR provides remedies for the failure to comply with disclosure. Henkin, 30 N.Y.3d 656, 661 (2018) (citation and internal quotation marks omitted). Lee, 170 A.D.3d 1073 (2 nd Dep’t 2019) (relying on, and quoting from Allen.) CPLR 3101 “embodies the policy determination that liberal discovery encourages fair an effective resolution of disputes on the merits, minimizing the possibility for ambush and unfair surprise.” Forman v. Crowell-Collier Publishing Co., 21 N.Y.2d 403, 406 (1968) see also, Vargas v. “The words, ‘material and necessary,’ are … to be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity.” Allen v. In general, there “shall be full disclosure of all matters material and necessary in the prosecution or defense of an action, regardless of burden of proof….” CPLR 3101. SECOND DEPARTMENT UPHOLDS DISMISSAL OF DEFENDANT’S COUNTERCLAIMS AND PRECLUSION OF CERTAIN EVIDENCE AS A SANCTION PURSUANT TO CPLR 3126 FOR DISCOVERY ABUSES Print Articleĭisclosure in New York State court litigation is governed by Article 31 of the Civil Practice Law and Rules. Anti-Retaliation Under The SEC And CFTC Whistleblower Programs.The Confidentiality Protections Under The SEC/CFTC Whistleblower Program. ![]() The Whistleblower’s Information Must Lead To a Successful Enforcement Action.The Whistleblower Must Voluntarily Provide Original Information.The Process of Submitting A Whistleblower Claim.Eligibility Under The IRS Whistleblower Program.The Anti-Retaliation Provisions Of The False Claims Act.What to Expect When Blowing The Whistle.
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