CPLR § 3126 Penalties for refusal to comply with order or to disclose
CPLR § 3104 Supervision of disclosure
CPLR § 3101
Parker v Ollivierre, 2009 NY Slip Op 02576 (App. Div., 2nd, 2009)
In addition, we agree with the appellant that the plaintiff's counsel
acted improperly at the plaintiff's deposition, among other things, by
making "speaking objections," correcting the plaintiff's testimony, and
directing the plaintiff on a number of occasions not to answer certain
questions. The questions were designed to elicit information which was
material and necessary to the appellant's defense of this action (see CPLR 3101[a]; Allen v Crowell-Collier Pub. Co., 21
NY2d 403, 406-407), and the directions not to answer them were not
otherwise authorized by 22 NYCRR 221.2. While the Supreme Court
properly denied that branch of the appellant's motion which was to
strike the complaint, as that remedy was too drastic a sanction (see Bjorke v Rubenstein, 38 AD3d 580,
571), under the circumstances, the alternative branch of the cross
motion, which was to compel the further deposition of the plaintiff
under the supervision of a referee (see CPLR 3104), should have been granted.
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