BAULIEU v. ARDSLEY ASSOC. L.P

Plaintiffs' failure to provide an affirmation of good faith in accordance with 22 NYCRR 202.7 "is excusable because any effort to resolve the present dispute non-judicially would have been futile" ( Carrasquillo v Netsloh Realty Corp., 279 AD2d 334, 334 [internal quotation marks omitted]).

The delayed production of records pertaining to M.R. Snow Plowing, Inc. until after the statute of limitations had expired prejudiced plaintiffs. Accordingly, plaintiffs' motion is granted to the extent indicated.

We have considered plaintiffs' other contentions and find them unavailing.

[Prior Case History: 2010 NY Slip Op 32272(U).]