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Murphy v. County of Suffolk

Supreme Court of New York, Second Department

March 19, 2014

Mary Theresa Murphy, appellant,
v.
County of Suffolk, et al., respondents (and a third-party action). Index No. 38407/08

Jeffrey B. Hulse, Sound Beach, N.Y., for appellant.

Dennis M. Brown, County Attorney, Hauppauge, N.Y. (Christopher A. Jeffreys of counsel), for respondents.

THOMAS A. DICKERSON, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, SANDRA L. SGROI, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Rebolini, J.), dated June 7, 2012, as denied those branches of her motion which were to compel certain disclosure by the defendants.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiff's motion to compel certain disclosure by the defendants. The affirmation of good faith submitted by the plaintiff's counsel did not satisfy 22 NYCRR 202.7, as it did not refer to any "communications between the parties evincing a diligent effort to resolve the dispute, or indicating good cause why no such communications occurred" (Matter of Greenfield v Board of Assessment Review for Town of Babylon, 106 A.D.3d 908, 908; see Deutsch v Grunwald, 110 A.D.3d 949, 950; Mironer v City of New York, 79 A.D.3d 1106, 1107-1108; Natoli v Milazzo, 65 A.D.3d 1309, 1310-1311; Chervin v Macura, 28 A.D.3d 600, 602; see also Hoi Wah Lai v Mack, 89 A.D.3d 990, 991; Quiroz v Beitia, 68 A.D.3d 957, 960; Barnes v NYNEX, Inc., 274 A.D.2d 368, 368; Romero v Korn, 236 A.D.2d 598).

DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.


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