March 25, 2010

Motion practice.

Practice point: Mere lack of diligence in furnishing requested materials is not a ground for striking a pleading.

Students should note that monetary sanctions may result from defendant's repeated delays and repeated failure to comply with discovery orders.

Case: Elias v. City of New York, NY Slip Op 02013 (1st Dept. 2010)

The opinion is here.

Tomorrow's issue: Motion practice.