Under the unique circumstances of this case and in light of the frequency with which both sides have resorted to judicial intervention in discovery disputes in the three years prior to the instant motion to strike the note of issue, the failure of defendants to include an affirmation of good faith is excusable because any effort to resolve the present dispute non-judicially would have been "futile" (see, Qian v Dugan,
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CARRASQUILLO v. NETSLOH REALTY CORP.
279 A.D.2d 334 (2001)
719 N.Y.S.2d 57
JESUS CARRASQUILLO, an Infant, by His Legal Guardian, RAMONA RIVERA, et al., Appellants-Respondents, v. NETSLOH REALTY CORP. et al., Respondents-Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 16, 2001.
Decided January 16, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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