Lack of good faith letter requires denial of cross-motion 22 NYCRR 202.7(c)

22 NYCRR 202.7 Calendaring of motions; uniform notice of motion form; affirmation of good faith

(c) 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.

Natoli v Milazzo, 2009 NY Slip Op 06815 (App. Div., 2nd, 2009)

Further, the court should have denied the cross motion because the
affirmation of good faith submitted by the plaintiffs' counsel was
insufficient, as it did not refer to any communications between the
parties that would evince a diligent effort by the plaintiffs to
resolve the discovery dispute (see 22 NYCRR 202.7[c]; Amherst Synagogue v Schuele Paint Co., Inc., 30 AD3d 1055, 1056-1057; Cestaro v Chin, 20 AD3d 500, 501; see also Baez v Sugrue, 300 AD2d 519, 521).

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