Understanding Discovery Rules and Summary Judgment Timing in NY Personal Injury Cases

Understanding Discovery Rules and Summary Judgment Timing in New York Personal Injury Cases

New York courts have increasingly emphasized the importance of completing discovery before filing summary judgment motions in personal injury cases. A recent Second Department decision in Corvino v Schineller sends a clear warning to attorneys about the dangers of premature motion practice and its impact on judicial efficiency.

The Corvino Decision: A Warning About Premature Motions

In Corvino v Schineller, 2019 NY Slip Op 00259 (2d Dept. 2019), the Second Department issued a strong admonition about premature summary judgment motions:

“The defendant’s contention that the plaintiff’s motion should have been denied without leave to renew is not properly before this Court. However, we note our concern that, where a motion for summary judgment has been made prematurely, granting leave to renew upon completion of discovery may only encourage the making of premature motions, resulting in successive motion practice and, in turn, successive appeals, thus increasing the burdens on this Court. Motion courts should therefore exercise their discretion with care in deciding whether to give advance permission to a movant to make a successive motion for summary judgment.”

This decision reflects the Court’s frustration with inefficient motion practice that clogs the court system and delays case resolution.

Understanding New York Discovery Rules in Personal Injury Cases

What is Discovery?

Discovery is the pre-trial phase where parties exchange information and evidence relevant to the case. In personal injury litigation, discovery serves several critical purposes:

• Fact-finding – Uncovering the circumstances of accidents and injuries
• Evidence gathering – Obtaining documents, records, and witness testimony
• Expert development – Facilitating expert witness preparation and opinions
• Settlement facilitation – Providing information needed for meaningful settlement discussions

Types of Discovery in Personal Injury Cases

Document Production:

• Medical records and bills
• Employment and wage records
• Insurance policies and coverage information
• Accident reports and photographs
• Correspondence between parties

Depositions:

• Party depositions (plaintiff and defendant testimony)
• Witness depositions (eyewitness accounts)
• Expert witness depositions
• Treating physician depositions

Medical Examinations:

• Independent medical examinations (IMEs)
• Neuropsychological testing
• Vocational rehabilitation assessments

Interrogatories:

• Written questions about facts and circumstances
• Requests for expert witness information
• Details about damages and injuries

The Problem with Premature Summary Judgment Motions

What Makes a Motion “Premature”?

A summary judgment motion is premature when:

• Discovery is incomplete – Key evidence hasn’t been obtained
• Expert reports are missing – Medical or accident reconstruction experts haven’t reported
• Depositions are pending – Crucial witness testimony hasn’t been taken
• Medical examinations are scheduled – IMEs or other evaluations are outstanding

Why Courts Discourage Premature Motions

Judicial Efficiency:
Premature motions waste court time and resources when they must be renewed later with complete information.

Case Development:
Discovery often reveals facts that completely change the nature of the case and available defenses.

Fairness Concerns:
Allowing motions before discovery is complete can unfairly prejudice parties who haven’t had opportunity to develop their case.

Impact on Different Types of Personal Injury Cases

Motor Vehicle Accidents

In car accident and truck accident cases, premature summary judgment motions are particularly problematic because:

• Accident reconstruction requires time to complete investigations
• Medical treatment may be ongoing, making damages assessment premature
• Witness depositions often reveal facts not apparent from police reports
• Expert opinions on causation and liability require complete medical records

Medical Malpractice Cases

Medical malpractice litigation almost always requires extensive discovery before summary judgment motions:

• Medical record review by qualified experts takes considerable time
• Expert witness development requires thorough case preparation
• Standard of care analysis demands complete factual development
• Causation issues often require multiple expert opinions

Premises Liability Cases

Slip and fall and other premises liability cases benefit from complete discovery because:

• Notice issues require thorough investigation of defendant’s knowledge
• Maintenance records may reveal patterns of negligence
• Witness testimony about conditions is crucial for liability determination
• Expert analysis of causation requires complete accident reconstruction

Construction Accidents

Construction accident cases are particularly unsuitable for early summary judgment because:

• Labor Law violations require detailed factual development
• Safety regulation compliance demands thorough investigation
• Multiple defendant liability requires careful apportionment analysis
• Worker status determination affects available claims and defenses

Best Practices for Discovery Management

For Plaintiffs’ Attorneys

Plan Discovery Strategically:

• Prioritize essential discovery early in the case
• Sequence depositions to build on previous testimony
• Coordinate expert witness retention with discovery schedule
• Allow adequate time for medical treatment completion

Avoid Rushed Motions:

• Don’t file summary judgment motions under time pressure
• Ensure all relevant discovery is complete before motion practice
• Consider whether additional discovery might strengthen your position
• Evaluate defendant’s likely response and preparation level

For Defense Attorneys

Use Discovery Defensively:

• Challenge overly broad or burdensome discovery requests
• Seek protective orders for confidential information
• Coordinate with insurance carriers on discovery strategy
• Preserve all relevant documentation early in the case

Time Summary Judgment Motions Carefully:

• Ensure discovery supports your motion comprehensively
• Don’t rely on incomplete medical records or evaluations
• Consider whether plaintiff’s case may weaken with additional discovery
• Evaluate costs and benefits of early versus delayed motion practice

Practical Implications of the Corvino Decision

For Trial Courts

Stricter Scrutiny:
Trial courts may be more reluctant to grant leave to renew premature motions, forcing better initial preparation.

Discovery Management:
Courts may take more active roles in managing discovery schedules to prevent premature motion practice.

Sanctions Consideration:
Repeated filing of premature motions may result in sanctions for frivolous conduct.

For Appellate Practice

Reduced Success Rates:
The Second Department has signaled it will view premature motion practice unfavorably on appeal.

Increased Costs:
Successive appeals from premature motions increase litigation costs for all parties.

Delayed Resolution:
Cases may take longer to resolve due to successive motion practice cycles.

Strategic Considerations for Personal Injury Litigation

Timing Discovery Completion

Medical Treatment:

• Allow time for treatment to reach maximum medical improvement
• Ensure all specialists have evaluated the plaintiff
• Obtain final medical reports before filing motions

Economic Damages:

• Complete lost wage calculations with certified public accountants
• Obtain vocational rehabilitation assessments if appropriate
• Calculate future medical expenses with qualified experts

Liability Investigation:

• Complete accident reconstruction if necessary
• Take all relevant witness depositions
• Obtain and review all relevant documents

Coordinating with Settlement Discussions

Information Exchange:
Discovery often provides information crucial for meaningful settlement negotiations.

Leverage Development:
Complete discovery may reveal strengths and weaknesses affecting settlement value.

Timing Considerations:
Early settlement discussions may be more productive after key discovery is complete.

The Broader Context: Court Efficiency and Case Management

Second Department Concerns

The Corvino decision reflects broader concerns about court efficiency:

Caseload Management:
The Second Department handles enormous caseloads, making efficiency critical for timely case resolution.

Resource Allocation:
Premature motions waste judicial resources that could be used for substantive case resolution.

Quality of Justice:
Rushed motion practice may compromise the quality of judicial decision-making.

Reform Considerations

Discovery Deadlines:
Courts may impose stricter discovery completion deadlines before allowing motion practice.

Motion Requirements:
Enhanced requirements for certifying discovery completion may be implemented.

Case Management:
More active judicial case management may be necessary to prevent premature motion practice.

Frequently Asked Questions

When is the right time to file a summary judgment motion?

File summary judgment motions only after all relevant discovery is complete, including depositions, document production, medical examinations, and expert witness reports that might affect the motion.

What happens if I file a premature motion?

The court may deny the motion without prejudice, potentially without leave to renew. You may waste time and money, and the court may view subsequent motions skeptically.

Can discovery continue after filing a summary judgment motion?

Generally, no. Summary judgment motions should be filed only after discovery is complete, unless there are exceptional circumstances requiring immediate resolution of specific legal issues.

How do I know if discovery is “complete”?

Discovery is complete when you have obtained all documents, taken all necessary depositions, received all expert reports, and conducted all examinations relevant to the legal and factual issues in your case.

What if my opponent files a premature motion?

You can oppose the motion on grounds that discovery is incomplete and request additional time to complete necessary discovery before the motion is decided.

Impact on Long Island and NYC Personal Injury Practice

Local Court Practices

Different courts within the Second Department may have varying approaches to discovery management:

Nassau County:
Courts may be particularly strict about discovery completion given high caseloads.

Suffolk County:
Similar efficiency concerns may lead to careful scrutiny of motion timing.

Brooklyn and Queens:
Urban courts with heavy dockets may favor streamlined discovery practices.

Practical Adjustments

Case Planning:
Attorneys must build adequate discovery time into case planning and client expectations.

Budget Considerations:
Cases may take longer and cost more if discovery must be truly complete before motion practice.

Settlement Timing:
Settlement discussions may need to be timed around discovery completion rather than arbitrary deadlines.

Looking Forward: Best Practices for Discovery and Motion Practice

For All Practitioners

Communication:
Better communication between parties about discovery schedules can prevent premature motion practice.

Realism:
Realistic assessment of discovery needs prevents rushed motion practice that wastes resources.

Quality Over Speed:
Focus on thorough case development rather than quick resolution through premature motions.

For Personal Injury Cases Specifically

Medical Development:
Allow adequate time for medical treatment and evaluation completion.

Expert Coordination:
Coordinate expert witness retention and reporting with overall case timeline.

Evidence Preservation:
Ensure all relevant evidence is preserved and reviewed before motion practice.

Conclusion: Adapting to Judicial Expectations

The Corvino decision represents a clear signal from New York’s appellate courts that premature motion practice will not be tolerated. For personal injury attorneys, this means adapting practice to ensure discovery is truly complete before filing summary judgment motions.

This shift toward more thorough case development before motion practice may ultimately benefit clients by ensuring cases are fully developed before court decisions. However, it requires careful planning and realistic timeline expectations.

At the Law Office of Jason Tenenbaum, we understand the importance of thorough discovery in personal injury cases. Our experience with complex litigation allows us to efficiently manage discovery while ensuring all relevant evidence is obtained before making strategic motion practice decisions.

Whether you’re dealing with a car accident, slip and fall, medical malpractice, or construction accident case, we know how to properly develop your case through discovery and position it for the best possible outcome.

Call 516-750-0595 for a free consultation with experienced personal injury attorneys who understand New York discovery rules and motion practice requirements.