On January 8, 2026, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2026 NY Slip Op. 00053, holding that a motion to strike was deficient because it was not supported by an affirmation of good faith, explaining:
Supreme Court properly denied plaintiffs’ motion to strike defendants’ answer. The motion was procedurally deficient, as it was not supported by an affirmation of good faith. Plaintiffs point out that they moved pursuant to 22 NYCRR 130-1.1 (monetary sanctions) as well as CPLR 3126. However, their motion still related to disclosure (22 NYCRR 202.7[a]) because they sought sanctions based on the conduct of defendant Rajiv Gosain at a deposition and on defendants’ purported nonresponse to plaintiffs’ objections to defendants’ privilege log. Therefore, an affirmation of good faith was still required.
(Internal citations omitted).