Opinion
2014-12-10
Juan PONCE, et al., respondents, v. MIAO LING LIU, appellant. (and a third-party action).
The McCauley Law Firm, LLP, New York, N.Y. (David F. Tavella of counsel), for appellant. Silberstein, Awad & Miklos, P.C., Garden City, N.Y. (Daniel P. Miklos of counsel), for respondents.
The McCauley Law Firm, LLP, New York, N.Y. (David F. Tavella of counsel), for appellant. Silberstein, Awad & Miklos, P.C., Garden City, N.Y. (Daniel P. Miklos of counsel), for respondents.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (McDonald, J.), dated December 23, 2013, which denied her motion pursuant to CPLR 3126 to strike the complaint, or, in the alternative, to vacate the note of issue and compel the plaintiffs to appear for a further deposition by a date certain.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion pursuant to CPLR 3126 to strike the complaint, or, in the alternative, to vacate the note of issue and compel the plaintiffs to appear for a further deposition by a date certain. The defendant failed to provide an affirmation of a good-faith effort to resolve the discovery dispute, as required by 22 NYCRR 202.7 ( see Murphy v. County of Suffolk, 115 A.D.3d 820, 982 N.Y.S.2d 380; Quiroz v. Beitia, 68 A.D.3d 957, 960, 893 N.Y.S.2d 70; Walter B. Melvin, Architects, LLC v. 24 Aqueduct Lane Condominium, 51 A.D.3d 784, 785, 857 N.Y.S.2d 697). LEVENTHAL, J.P., HALL, AUSTIN and ROMAN, JJ., concur.