N.Y. Civil Practice Law & Rules § 3126: Penalties for refusal to comply with order or to disclose

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

any party, or a person who at the time a deposition is taken or an

examination or inspection is made is an officer, director, member,

employee or agent of a party or otherwise under a party's control,

refuses to obey an order for disclosure or wilfully fails to disclose

information which the court finds ought to have been disclosed pursuant

to this article, the court may make such orders with regard to the

failure or refusal as are just, among them:

1. an order that the issues to which the information is relevant shall

be deemed resolved for purposes of the action in accordance with the

claims of the party obtaining the order; or

2. an order prohibiting the disobedient party from supporting or

opposing designated claims or defenses, from producing in evidence

designated things or items of testimony, or from introducing any

evidence of the physical, mental or blood condition sought to be

determined, or from using certain witnesses; or

3. an order striking out pleadings or parts thereof, or staying

further proceedings until the order is obeyed, or dismissing the action

or any part thereof, or rendering a judgment by default against the

disobedient party.