Friday, June 6, 2014

Outstanding discovery and a summary judgment motion.











Practice point:  The Appellate Division determined that the Supreme Court properly denied that branch of the plaintiff's cross motion which was for summary judgment on the complaint since, at the time of the cross motion, court-ordered discovery remained outstanding, pursuant to CPLR 3212[f].

Student note:  CPLR 3101(a) provides that "[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof."

Case:  Daniels v. City of New York, NY Slip Op 03793 (2d Dept. 2014)

Here is the decision.

Monday's issue: Admissible evidence in opposition to a summary judgment motion.