September 22, 2008

Discovery.

Practice point: A plaintiff waives an objection to the adequacy and timeliness of disclosure by filing a note of issue and certificate of readiness prior to moving for the imposition of a discovery sanction, pursuant to CPLR 3126.

Case: Iscowitz v. County of Suffolk, NY Slip Op 06801 (2d Dept. 2008)

The opinion is here.