BERNSHTEIN v. CITY OF NEW YORK

ALVIN HELLERSTEIN, District Judge

I rule as requested by the joint letter of counsel, dated March 4, 2009, submitted pursuant to my Individual Rule 2E.

1. A discovery obligation cannot be refused because of an alleged failure of the other side to make discovery.

2. The City is required, promptly and fully, to perform all discovery obligations on its part to be performed.

SO ORDERED.