22 NYCRR 202.7(a)(2) .

On a discovery motion, the movant must submit an affirmation of good faith indicating that, prior to engaging in motion practice, efforts had been made to resolve issues.

Belle-Fleur v. Desriviere, NY Slip Op 09244 (2d Dep't December 24, 2019)

Here is the decision.

CPLR 3215(f).

An applicant for a default judgment must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant's failure to answer or appear. Where the complaint is not verified, the requisite proof must be set forth in an affidavit made by the party.

Deutsche Bank Natl. Trust Co. v. Silverman, NY Slip Op 08990 (2d Dep't December 18, 2019)

Here is the decision.

A deceased party.

The part of the order that severed the action against the party, who at that point was deceased, is vacated as void, as no legal representative has been appointed. An earlier order, issued while the party was alive, is not void. However, an appeal from that order will be dismissed, without prejudice, if an estate representative has not been appointed.

Bonnaig v. Walton, NY Slip Op 09103 (1st Dep't December 19, 2019)

Here is the decision.

Discovery.

Pursuant to Education Law § 6527(3), certain documents generated in connection with the "performance of a medical or a quality assurance review function," or which are "required by the Department of Health pursuant to Public Health Law § 2805-l," are not discoverable. The party seeking to invoke the privilege must demonstrate that the documents sought were prepared in accordance with the relevant statutes.  It is not enough merely to assert that the documents are privileged. In the absence of a showing as to why the privilege attaches, the documents are subject to disclosure.

DeLeon v. Nassau Health Care Corp., NY Slip Op 08989 (2d Dep't December 18, 2019)

Here is the decision.

A claim of spoliation.

New York does not recognize an independent tort for either first- or third-party negligent spoliation of evidence.

Rosa v. D&E Equities, Inc., NY Slip Op 09094 (1st Dep't December 19, 2019)

Here is the decision.

CPLR 2005.

A default may be excused on the ground of law office failure if the explanation for the default is detailed and credible.

210 East 60th Street, LLC v. Rahman, NY Slip Op 08983 (2d Dep't December 18, 2019)

Here is the decision.

Denial of a motion for summary judgment.

Plaintiff's omission of an affidavit in opposition to defendants' motion does not require that the facts in defendants' affidavit be deemed admitted, as defendants submitted plaintiff's affidavit and deposition testimony, which establish that there are issues of fact.

Munna v. Axman, NY Slip Op 08963 (1st Dep't December 17, 2019)

Here is the decision.

CPLR 214[6].

An action to recover damages arising from an attorney's malpractice must be commenced within three years of accrual. The claim accrues when the alleged malpractice is committed.

Marzario v. Snitow Kanfer Holzer & Millus, LLP, NY Slip Op 08953 (1st Dep't December 12 2019)

Here is the decision.

CPLR 3212[a].

The court may consider plaintiff's untimely motion, as it addresses the same basic issues as plaintiff's timely-filed motion.

Baez v. 1749 Grand Concourse LLC, NY Slip Op 08948 (1st Dep't December 12, 2019)

Here is the decision.