On February 18, 2026, the Second Department issued a decision in Sanchez v. Uber Tech., Inc., 2026 NY Slip Op. 00926, holding that a motion for discovery sanctions was properly denied because of the movant’s failure to submit an affirmation of good faith, explaining:
All discovery motions must include an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion. The affirmation of the good faith effort to resolve the issues raised by the motion shall indicate the time, place and nature of the consultation and the issues discussed and any resolutions, or shall indicate good cause why no such conferral with counsel for opposing parties was held. Failure to provide an affirmation of good faith which substantively complies with 22 NYCRR 202.7(c) warrants denial of the motion.
Here, the plaintiff failed, inter alia, to identify the names of the examination before trial clerks and the attorneys involved in the communications, nor did the plaintiff annex certain emails to the defendant to his motion papers. Under these circumstances, the Supreme Court properly denied the plaintiff’s motion based on his failure to substantively comply with the requirements of 22 NYCRR 202.7.
(Internal quotations and citations omitted).