Thursday, January 11, 2007

Putting Too Fine a Point on Court Rules

In Lee v. Marino, decided on January 9, 2007, the First Department found that the motion court had "clearly abused its discretion" in striking an affidavit because it violated court rules regarding the length of the writing and the use of exhibit tabs. The Court said these were not "gross" violations which would justify denying the plaintiff her day in court.