Practice point: The Appellate Division found that, given the appellants' persistent failure to cooperate with the
plaintiffs' repeated requests to schedule the examinations of the
plaintiffs, the Supreme Court providently exercised its discretion in
granting the appellants' motion to strike the note of issue only to the
extent of directing that the depositions of the plaintiffs be conducted
expeditiously. However, the Appellate Division also found that, under the circumstances of this case, the court
also should have directed the prompt independent medical examinations of
the plaintiffs, and remitted the matter for the expeditious scheduling
of those examinations. Finally, the Appellate Division did not disturb the court's .determination that the appellants, by their conduct, are deemed
to have waived all other outstanding discovery.
Student note: While the Supreme Court has broad discretion in supervising disclosure and in resolving discovery disputes, the Appellate Division may substitute its own discretion for
that of the trial court in such matters, even in the absence of an abuse
of discretion.
Case: Clarke v. Clarke, NY Slip Op00200 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: Unsigned contracts.
