Kemp v. 1000 Broadway, LLC

Summary

The Appellate Division, Second Department, affirmed an order denying the plaintiff's motion to preclude the defendants from offering video surveillance footage at trial. The court held that the motion was properly denied because the plaintiff failed to submit the required affirmation of good faith concerning efforts to resolve the disclosure dispute under CPLR 3101(i).

Holdings

1. A motion relating to disclosure must be accompanied by an affirmation from moving counsel attesting that counsel conferred with opposing counsel in a good-faith effort to resolve the issues raised by the motion. Because the plaintiff submitted no such affirmation, the Supreme Court properly denied her motion to preclude the video surveillance footage.

Questions Presented

1. Whether the plaintiff's disclosure-related motion to preclude video surveillance footage was properly denied when she failed to submit the required affirmation that counsel had conferred in good faith with opposing counsel.

Disposition

affirmed