Your recipients will receive an email with this envelope shortly and will be able to access it on trellis. You can always see your envelopes by clicking the Inbox on the top right hand corner.
Your subscription has successfully been upgraded.
New York courts are authorized to supervise all or part of any disclosure procedure. (Civ. Prac. Law & Rules, ยง 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].)
โExcept 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.โ (Civ. Prac. Law & Rules, ยง 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:
(Tewari v. Tsoutsouras, 75 N.Y.2d 1, 12 [1st Dept. 1989].)
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, ยง 3101.) To this end, trial courts have broad discretion in the supervision of discovery and in determining what is โmaterial and necessaryโ (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, โnecessaryโ is interpreted as meaning โโneedfulโ and not indispensableโ (Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 407 [1968].) The โmaterial and necessaryโ standard is to be interpreted liberally, requiring disclosure of โany 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.โ (Id. at 406.)
It is within the courtโs 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 โgood causeโ 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].)
Jan 05, 2021
Disposed
Jan 05, 2021
Disposed
Hamilton County, NY
May 20, 2022
Rebecca A Slezak
Kings County, NY
May 11, 2022
Lillian Wan
Jan 05, 2021
Disposed
Jan 05, 2021
Disposed
New York County, NY
Apr 13, 2022
Kathy J. King
Jan 13, 2022
Active
Please wait a moment while we load this page.