In Abtrax Pharmaceuticals. Inc., v. Elkins-Simm. Inc., 139 N.J. 499, 655 A.2d 1368 (1995) the court had a clear source of authority for the imposition of sanctions. R. 4:23-2(b) outlines a menu of sanction options, including "dismissing the action or proceeding or any part thereof." However, even though such authority existed, the Court cautioned that: In respect of the ultimate sanction of dismissal, this Court has struck a balance by instructing courts to impose that sanction 'only sparingly.' 'The dismissal of a party's cause of action, with prejudice, is drastic and is generally not to be invoked except in those cases in which the order for discovery goes to the very foundation of the cause of action, or where the refusal to comply is deliberate and contumacious.' 139 N.J. at 514, 655 A.2d 1368.