Opinion
6783N Index 402887/08
06-05-2018
Katherine KELLY, Plaintiff–Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant–Appellant.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellant. Law Office of Feder & Rodney, PLLC, New York (Michael T. Altman of counsel), for respondent.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellant.
Law Office of Feder & Rodney, PLLC, New York (Michael T. Altman of counsel), for respondent.
Friedman, J.P., Sweeny, Gische, Mazzarelli, Gesmer, JJ.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered April 25, 2017, which denied defendant's motion to enforce a stipulation to preclude plaintiff from offering any evidence at trial in the event of failure to provide certain post-note of issue discovery, unanimously affirmed, without costs.
Defendant's motion was properly denied because it related to discovery, and defendant failed to submit an affirmation demonstrating its good faith effort to resolve the issues raised in the motion or that there was "good cause why no such conferral ... was held" (Uniform Rules for Trial Cts [ 22 NYCRR] § 202.7 [a][2], [c]; see Perez De Sanchez v. Trevz Trucking LLC, 124 A.D.3d 527, 998 N.Y.S.2d 626 [1st Dept. 2015] ; Molyneaux v. City of New York, 64 A.D.3d 406, 882 N.Y.S.2d 109 [1st Dept. 2009] ).