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BAULIEU v. ARDSLEY ASSOCIATES L.P.

4728N, 114779/08.

84 A.D.3d 666 (2011)

923 N.Y.S.2d 326

RENE BAULIEU et al., Appellants, v. ARDSLEY ASSOCIATES L.P. et al., Respondents, et al., Defendant.

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

Decided May 26, 2011.

Plaintiffs' failure to provide an affirmation of good faith in accordance with 22 NYCRR 202.7 "is excusable because any effort to resolve the present dispute non-judicially would have been futile" (Carrasquillo v Netsloh Realty Corp., 279 A.D.2d 334, 334 [2001] [internal quotation marks omitted]).

The delayed production of records pertaining to M.R. Snow Plowing, Inc. until after the statute of limitations had expired prejudiced...

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