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JACKSON v. HUNTER ROBERTS CONSTR. GROUP, L.L.C.

114083/11, 1054N, 1053N.

139 A.D.3d 429 (2016)

29 N.Y.S.3d 170

2016 NY Slip Op 03452

ROBERT JACKSON et al., Respondents, v. HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C., et al., Appellants.

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

Decided May 3, 2016.

The motion court improvidently exercised its discretion in striking the answer. Plaintiffs' motion was procedurally deficient, since it was not supported by an affirmation of good faith (see Uniform Rules for Trial Cts [22 NYCRR] § 202.7). Nor did the record show that "any further attempt to resolve the dispute nonjudicially would have been futile" (Loeb v Assara N.Y. I L.P., 118 A.D.3d 457, 458 [1st Dept 2014] [internal...

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