Wegner v Town of Cheektowaga, 2018 NY Slip Op 01711 (4th Dept. 2018)
I read this order from Supreme Court, New York County involving an argument that discovery can prove the existence of the use of independent contractors, in an attempt to disclaim no-fault coverage. I knew it was putting the cart before the horse. Anyway, here is the case that answers my question:
“We also conclude that the court erred in granting plaintiff’s cross motion inasmuch as “he may not use discovery—either pre-action or pretrial—to remedy the defects in his pleading” (Weinstein v City of New York, 103 AD3d 517, 517-518 [1st Dept 2013]; see Naderi v North Shore-Long Is. Jewish Health Sys., 135 AD3d 619, 620 [1st Dept 2016]).”
