James Chou, left, and Kelly Schneid, right, of Moritt Hock & Hamroff. Courtesy photos CPLR 3212(b): A Provision That Allows Ambush at Summary Judgment
This article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.
November 27, 2023 at 10:00 AM
8 minute read
Consider the following: You have been litigating a case in New York State Supreme Court. You and your adversary have engaged in initial motion practice at the pleadings stage, suffered through discovery, spent far too many hours in meet-and-confers and sought court intervention on various contested issues. Now, with fact discovery complete, the parties agree that expert discovery is unnecessary. Thus, neither side makes an expert disclosure under CPLR 3101(d)(1)(i) by the court's deadline, and no expert discovery occurs.
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