Cerreta v. New Jersey Transit Corp.
Court: Appellate Division of the Supreme Court of the State of New York; June 23, 1998; New York; State Appellate Court
An order from the Supreme Court of New York County, issued by Justice Diane Lebedeff on February 5, 1998, denied the defendants' motion for disclosure sanctions against the plaintiffs. The defendants sought sanctions based on the plaintiffs' failure to comply with a prior order that required their testimony at trial contingent on attending depositions on a specified date. The motion was unanimously affirmed, with costs awarded to the plaintiffs. The court concluded that the defendants did not submit a required good faith affidavit with their motion, as stipulated by 22 NYCRR 202.7(a)(2). It was noted that the attorneys for both parties were in actual telephone communication three days prior to the scheduled depositions; however, their affirmations did not demonstrate any good faith efforts to arrange the depositions during that conversation. Consequently, the missed opportunity for the depositions led to unnecessary further court intervention. The ruling was concurred by Judges Lerner, Rubin, Williams, Mazzarelli, and Andrias.