NY Supreme: Is it possible to strike a pleading for absent or inadequate discovery without first making a motion to compel?

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March 24, 2015

Question

Can a pleading be stricken without Defense ever making a motion to compel if Defense feels Plaintiff did not respond at all or adequately to discovery production or interrogatories or is motion to compel a mandatory prerequisite?

Answer

Why don't you try reaching out and working with plaintiff's counsel to get the outstanding discovery, instead of filing an unnecessary motion that will be stipped out anyway?? Haven't you heard of "good faith"?...

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