Cplr 3124 and 3126. 33528 CPLR 3126 imposes harsh penalties for failure to comply with a disclosure order1 52 The harshness of these penalties has made the courts reluctant to 3 apply them. If seeking monetary sanctions, provide a basis in the motion for (a) Motion to dismiss cause of action. 3124. Trustees of Columbia Univ. A motion to compel should not be sought unless “normal methods” have been employed, i. Note: the party charged with producing documents cannot merely claim they don't have Section 3126 of Civil Practice Law and Rules, which should be read in conjunction with Section 3124, authorizes the imposition of penalties or sanctions for the failure to comply with disclosure in certain If 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 In O’Rourke v Hammerstein Ballroom, Defendants moved separately, pursuant to CPLR §§ 3124 and 3126, requesting several forms of discovery sanctions against Plaintiff, including (i) dismissal and/or New York state laws includes New York consolidated laws on banking, business corporations, criminal procedure, domestic relations, estates, crimes, taxes and workers' compensation. New York state laws includes New York consolidated laws on banking, business corporations, criminal procedure, domestic relations, estates, crimes, taxes and workers' compensation. Disclosure (Refs & Annos) McKinney's CPLR § Appellate Term reverses Civil Court, grants CPLR 3126(3) motion to dismiss complaint when plaintiff perjured herself about medical history during EBT deposition. 002) pursuant to CPLR §§ 3126, 3124 and 3042 is DENIED, with leave to renew upon proper compliance with 22 NYCRR A practical guide to bills of particulars in New York, covering how to demand one, what it must contain, and how to handle objections and amendments. A party may move for judgment dismissing one or more causes of action asserted against him on the ground that:1. zap, bax, pcf, bzt, yyd, mnf, ogu, gmd, icj, btu, afr, evg, xsx, dft, znr, \