Motion to Extend Discovery in New York

What Is a Motion to Extend Discovery?

Background

New York courts are authorized to supervise all or part of any disclosure procedure. (Civ. Prac. Law & Rules, § 3104(a).) This broad power permits the court to extend discovery deadlines. (Di Giovanni v. Pepsico, Inc. 502 N.Y.S.2d 23 [1st Dept. 1986].)

How to Structure the Motion

“Except where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown.” (Civ. Prac. Law & Rules, § 2004; Verizon New York, Inc. v. Con Edison, Inc., 997 N.Y.S.2d 102 [Sup. Ct. 2014].) When considering an extension, the court may consider:

  1. the length of the delay;
  2. whether the opposing party has been prejudiced by the delay;
  3. the reason given for the delay;
  4. whether the moving party was in default before seeking the extension, and, if so, the presence or absence of an affidavit of merit.

(Tewari v. Tsoutsouras, 75 N.Y.2d 1, 12 [1st Dept. 1989].)

The Court’s Decision

Section 3101 of Civil Practice Law and Rules requires full disclosure of all nonprivileged matter which is material and necessary to the defense or prosecution of an action. (Civ. Prac. Law & Rules, § 3101.) To this end, trial courts have broad discretion in the supervision of discovery and in determining what is “material and necessary” (Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403 [1968]; Andon v. 302-304 Mott St. Assoc., 94 N.Y.2d 740 [2000]; Caballero v. City of New York, 48 A.D.3d 727 [2nd Dept. 2008].)

Within the context of discovery, “necessary” is interpreted as meaning “‘needful’ and not indispensable” (Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 407 [1968].) The “material and necessary” standard is to be interpreted liberally, requiring disclosure of “any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason.” (Id. at 406.)

It is within the court’s power to grant an extension for discovery where it is established that the delay in service was not willful or lengthy and that it did not cause any prejudice to the parties. (A J Concrete Corp. v. Arker, 54 N.Y.2d 870, 872 [1981].) In addition to the statutory authority, a court has authority under common law, in its discretion, to grant relief from a judgment or order in the interest of justice, taking into account the equities of the case and the grounds for the requested relief. (Hodge v. Development at Helderberg Meadows, LLC, 114 A.D.3d 1122 [3rd Dept. 2014].)

New York cases are clear that where a litigant has made no effort to comply with deadlines or advance a case, there is no “good cause” to extend deadlines. (Wong v. Kim, 17 A.D.3d 128, 792 N.Y.S.2d 435 [1st Dept. 2005]; Foley v. West-Herr Automotive Group, Inc., 63 A.D.3d 1680, 880 N.Y.S.2d 916 [4th Dept. 2009].)

Documents

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Case Filed

Jan 05, 2021

Case Status

Disposed

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New York County, NY

Filed Date

Aug 02, 2022

Judge Hon. James G Clynes Trellis Spinner 👉 Discover key insights by exploring more analytics for James G Clynes
Case Filed

Jan 05, 2021

Case Status

Disposed

County

New York County, NY

Filed Date

Aug 02, 2022

Judge Hon. James G Clynes Trellis Spinner 👉 Discover key insights by exploring more analytics for James G Clynes
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Kings County, NY

Filed Date

Jul 12, 2022

Judge Hon. Odessa Kennedy Trellis Spinner 👉 Discover key insights by exploring more analytics for Odessa Kennedy
County

Hamilton County, NY

Filed Date

May 20, 2022

Judge

Rebecca A Slezak

County

Kings County, NY

Filed Date

May 11, 2022

Judge

Lillian Wan

Case Filed

Jan 05, 2021

Case Status

Disposed

County

New York County, NY

Filed Date

Apr 14, 2022

Judge Hon. James G Clynes Trellis Spinner 👉 Discover key insights by exploring more analytics for James G Clynes
Case Filed

Jan 05, 2021

Case Status

Disposed

County

New York County, NY

Filed Date

Apr 13, 2022

Judge Hon. James G Clynes Trellis Spinner 👉 Discover key insights by exploring more analytics for James G Clynes
County

New York County, NY

Filed Date

Apr 13, 2022

Judge

Kathy J. King

Case Filed

Jan 13, 2022

Case Status

Active

County

New York County, NY

Filed Date

Mar 01, 2022

Judge Hon. Alexander M. Tisch Trellis Spinner 👉 Discover key insights by exploring more analytics for Alexander M. Tisch
Case Filed

Apr 28, 2021

Case Status

Active

County

Westchester County, NY

Filed Date

Feb 14, 2022

Judge Hon. Charles D Wood Trellis Spinner 👉 Discover key insights by exploring more analytics for Charles D Wood

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