Robinson v. Redleaf Capital LLC

Summary

The Appellate Division, First Department affirmed the denial of Dezer Properties 48 LLC’s motion to compel Redleaf Capital LLC and Superior Management Incorporated to produce a previously deposed witness for additional questioning about subsequent sidewalk repairs. The court held that the motion was procedurally deficient because Dezer did not make the required good-faith efforts to resolve the dispute and did not show good cause, and it further held that the requested discovery was not shown to be material and necessary.

Holdings

1. Although the order was not appealable as of right, the court treated the notice of appeal as an application for leave to appeal under CPLR 5701(c) and granted leave.
2. A motion to compel discovery is procedurally deficient when the movant fails to make good-faith efforts to resolve the dispute without motion practice and fails to show good cause for that failure.
3. The trial court providently exercised its discretion in denying a further deposition on post-accident remedial measures because Dezer failed to demonstrate that the requested discovery was material and necessary to the defense.

Questions Presented

1. Whether the notice of appeal from the discovery order should be treated as an application for leave to appeal under CPLR 5701(c).
2. Whether Dezer's motion to compel a further deposition was procedurally deficient because Dezer failed to make good-faith efforts to resolve the dispute before moving.
3. Whether Supreme Court providently exercised its discretion in precluding further deposition questioning concerning post-accident remedial measures because Dezer failed to show that the discovery was material and necessary.

Disposition

affirmed