A recent First Department decision reflects a continued post-pandemic trend of New York courts cracking down on delays in producing discovery materials—including by levying harsh penalties not sought by the complaining party.

In Barlow v. Skroupa, the First Department affirmed a Commercial Division order precluding defendants from (i) “presenting documents that they failed to timely produce during discovery” and (ii) “offering evidence pertaining to interrogatories that they failed to answer” after defendants refused to comply with the court’s discovery deadlines for a year. No. 2022-02318, 2023 WL 4239667 (1st Dept. June 29, 2023). 

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