On March 28, 2024, the First Department issued a decision in Lis v. Lancaster, 2024 NY Slip Op. 01763, holding that a court may assess monetary discovery sanctions even if a motion for sanctions does not seek them, explaining:
The motion court here considered a CPLR 3126 motion to strike based on alleged willfully withheld discovery/lack of candor in connection with the nondisclosure of certain documents, and found Lancaster’s arguments in opposition unavailing. The court also found that some of the documents should have been produced, and that this amounted to frivolous discovery conduct. Thus, the court’s sua sponte award of monetary sanctions under the Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1, satisfied the procedural requirements of the section 130 rules. The court provided Lancaster a reasonable opportunity to be heard on the allegations by plaintiff that he engaged in sanctionable discovery misconduct, and it adequately set forth in the written decisions the conduct upon which the sanction was based, the reasons why the conduct was found to be frivolous, and the reasons why the court found the amount imposed to be appropriate. The fact that plaintiff had moved exclusively to strike the pleadings, without seeking monetary sanctions, did not preclude the court from finding that the alleged willful misconduct constituted frivolous misconduct or from exercising its discretion to award monetary sanctions, including those pursuant to 22 NYCRR 130-1.1.
The court, which has broad discretion over the discovery process, and whose determinations will not be set aside absent a clear showing of abuse of discretion, had a basis in the record for crediting plaintiff’s allegations that Lancaster sought to hide or delay, for as long as possible, the disclosure and production of potentially damaging documents that he knew had lost their privilege protection, and that this constituted frivolous conduct warranting a monetary sanction. We also find that it did not abuse its discretion in basing the monetary award on the fees and costs incurred in connection with certain prior motions, and in finding the appropriate sanction amount to be $25,325.19.
(Internal quotations and citations omitted).