CiteTEXT
...do pursuant to Uniform Rule 202.7(f), did not amount to malpractice. Rather, it was a reasonable course of action not to seek such relief upon learning from the landlord that plaintiffs were in...
MOTIONS (Beta)
...for two reasons. First, they assert that plaintiff failed to submit an affirmation of good faith as required by Uniform Rule 202.7 (a) (2). Second, they contend that they have, in fact, provided a...substantial portion of the required discovery.
Uniform Rule 202.7 (a) (2) provides, in relevant part, that with respect to disclosure motions, the moving party must submit an..."affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion" (22 NYCRR 202.7 [a] [2]). In...
...Uniform Rule § 202.7-f. The instant subpoenas were issued, according to movant, on May 16, 2023, and required compliance within 20 days. Thus... this Court until Tuesday, May 30, 2023. Given that movant failed to comply with Uniform Rule § 202.7"f, requiring advance notice to adverse parties...order to show cause listed "202.2-f" rather than "202.7-f". § 202.7-f refers to temporary restraining orders. § 202.2-f does not exist.
Assuming, arguendo, that...
.... Accordingly, this demand is denied as moot. Moreover, had this demand not been rendered moot, it would have been denied for failure to comply with statewide Uniform Rule ...with plaintiff's discovery demands. Finally, this motion is also denied for plaintiff's attorney's failure to serve an affirmation of good faith in accordance with rule 202.7 of the statewide Uniform Rules...
...]" {Deutsch, 110 A.D.3d at 950), as contemplated by Uniform Rule § 202.7.
Accordingly, the above-referenced motion is denied in its entir...adequate affirmation of good faith.
Section 202.7(a) of the Uniform Rules for Trial Courts requires that a motion relating to disclosure be accompanied by an affirmation of good faith...and nature of the consultation and the issues discussed and any resolutions, or ... indicate good cause why no such conferral with counsel for opposing parties was held" (Uniform Rules for Trial Cts...
...provision because the papers as presented did not indicate plaintiffs compliance with the notice requirements of Uniform Rule § 202.7(f) and the...application for the TRO or Yellowstone injunction appeared to have been made after the cure period expired.
Uniform Rule for Trial Courts (22 NYCRR) § ...held in August 21, 2008, this court informally addressed the issue of the timely filing of the OSC as well as the purported non-compliance with the notice requirements of Uniform Rule 202.7(f...
...required under Uniform Rule 202.7, plaintiff fails to show that it was prejudiced by defendant's alleged delay in producing this report, particularly given defendants' production of other material from...
...resolve any discovery disputes (see Uniform Rule 202.7). If a dispute is not thus resolved, the party seeking disclosure, unless otherwise directed in the Background Information section above...and cross-moving papers fail to contain affirmations of good faith, which comply with the Uniform Rules for Trial Courts, as required on these discovery related motions (see 22 NYCRR 202.7 [a...Justices. In particular, Rule 10 provides as follows: "Disclosure Disputes. Prior to making a discovery motion, counsel shall consult one another in a good faith effort to...
...denied. First, plaintiffs have failed to comply with Uniform Rule 202.7 (a) (2), which provides, in relevant part, that with respect to disclosure...motions, the moving party must submit an "affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion." 22 NYCRR 202.7...
MOTIONS (Beta)
...Rule 202.7(b). Despite plaintiff counsel's written requests on June 27th and July 2nd for the defendant's objection letter, defense counsel failed to simply forward its...possession. Based on the plaintiff's opposition, it appears to this court that the defendant did not engage in good faith efforts to resolve the issues presented on this motion in accordance with Uniform...
...BMNC's counsel pertaining to compliance with Uniform Rule 202.7(f) identifies Leslie Lopez as the attorney for plaintiff, it remains unclear from the four corners of the two affidavits of service which....
MOTION PAPERS
BMNC's order to show cause contains, a memorandum of law, its' attorney's affirmation of compliance with rule 202.7(f) with...rule that a receiver cannot be appointed in an action for a sum of money. If, however, the action effects specific money, e.g., the proceeds of the...
...plaintiff's attorneys and attorneys for all defendants who have appeared in the action. Although the affirmation of BMNC's counsel pertaining to compliance with Uniform Rule 202.7(f) identifies Leslie...
BMNC's order to show cause contains, a memorandum of law, its' attorney's affirmation of compliance with rule 202.7(f) with related correspondence; and its' attorney's affirmation in support...may only be appointed in an action which has property as its subject matter, therefore, it is the general rule that a receiver cannot be appointed in an action for a sum of money. If, however, the...
...).
Defendants oppose on procedural grounds. They correctly note that plaintiff failed to provide the required affirmation pursuant to Uniform Rule 202.7 stating that he had conferred with defense couns...personnel file (Interrogatory No. 59, see Pl. Reply Aff. to Defs'. Aff. in Opp. to Mot. to Compel ¶ 12).
Given the failure to adhere to Uniform Rule 202.7, the court declines to review...' request to specifically indicate which interrogatories were insufficient under the law and has not proffered the Rule 202.7 affirmation. A reading of the responses reveals that many of his...
...plaintiff's deposition. Finally, plaintiff argues that defendant failed to make a good faith effort to resolve the outstanding discovery issues prior to filing this motion, as required by Uniform Rule 202.7, since...
...moot. Moreover, defendants contend that New Gold failed to comply with Uniform Rule 202.7(c) to make a good faith effort to resolve the issues raised in the motion, as well as with Local Rule 10 and...Part 19's Rule 2(B) to consult one another in a good faith effort to resolve any discovery disputes.
Defendants explained that the delay in producing the requested documents resulted...
.... They correctly note that plaintiff failed to provide the required affirmation pursuant to Uniform Rule 202.7 stating that he had conferred with defense counsel in good faith about the issues...).
Given the failure to adhere to Uniform Rule 202.7, the court declines to review each interrogatory for legal sufficiency, and denies plaintiff's motion to compel...not proffered the Rule 202.7 affirmation. A reading of the responses reveals that many of his interrogatories were objected to on grounds including that they are overbroad, seek legal conclusions, or...
MOTIONS (Beta)
...disputes (see Uniform Rule 202.7)." Plaintiffs concede here that they have not submitted an affidavit describing a good faith effort to resolve the...related to plaintiffs' claims.
Pursuant to Local Rule 10, "prior to making a discovery motion, counsel shall consult one another in a good faith effort to resolve any discovery...
..."respondents") assert that the motion is procedurally defective as Overstock failed to comply with the good faith conference requirement of Uniform Rule 202.7. In addition, respondents assert that Overstock...
Summary denial of a motion to compel is "mandated when it is made without a proper affirmation of good faith as required by 22 NYCRR 202.7(a)." Sixty-Six Crosby Assocs. v. Berger & Kramer...
...Cause, Schedule of Collateral, Affidavit in Support and Exhibits..................................x Affirmation Pursuant to Uniform Rule 202.7(f)......................x Emergency...Collateral by filing a National Uniform Commercial Code ("UCC") Financing Statement (Form UCC-1), and provides a copy of that Financing Statement. The Note and Security Agreement provide that, in the...
...final assessment.
Respondents' counsel asserts that the motion must be denied as Petitioner's counsel has failed to comply with the Uniform Rule 202.7, as he refused to engage in a good...Decision and Order shall not constitute entry or filing under CPLR 2220. Counsel is not relieved from the applicable provisions of that rule relating to filing, entry, and notice of...