Cerreta v. New Jersey Transit Corporation

Full title: PAUL CERRETA et al., Respondents, v. NEW JERSEY TRANSIT CORPORATION et…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 23, 1998

251 A.D.2d 190 (N.Y. App. Div. 1998)

675 N.Y.S.2d 858

Opinion

June 23, 1998

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).

We affirm on the ground that no good faith affidavit was submitted with the motion ( 22 NYCRR 202.7 [a] [2]), and note that the parties' attorneys were in actual telephone communication with each other three days before the scheduled date of the depositions, and that the attorneys affirmations that were submitted in support of the motion contain no indication of good faith efforts in that conversation to set up the depositions. The opportunity then missed only resulted in further court intervention that was not needed.

Concur — Lerner, P. J., Rubin, Williams, Mazzarelli and Andrias, JJ.