On August 28, 2024, the Second Department issued a decision in Lewis v. Bartow, 2024 NY Slip Op. 04310, affirming the dismissal of a discovery motion for failure to submit an affidavit establishing the movant’s good faith efforts to resolve the dispute, explaining:
The Supreme Court properly denied the plaintiff’s motion to compel discovery on the ground that the plaintiff failed to submit an affirmation of good faith pursuant to 22 NYCRR 202.7(a)(2) detailing communications between the parties evincing a diligent effort to resolve the dispute or indicating good cause why no such communications occurred.
(Internal citations omitted).