In Hameroff & Sons, LLC v. Plank, LLC, 108 A.D.3d 908, 909, 970 N.Y.S.2d 102 (3d Dept 2013), the Third Department upheld the Supreme Court's use of discretion in finding that the recipient of the discovery request willfully failed to comply and in precluding that party from offering evidence concerning the stipulation of evidence. See id. The party in Hameroff who was requested to produce discovery failed to respond to numerous established deadlines and three court orders 15 months after demands were initially served. Id.