Discovery, Depositions & Sanctions
Case notes on disclosure under CPLR article 31: what is material and necessary, depositions, conditional orders and sanctions under CPLR 3126.
98 articles from 2009–2026 · 2 current · 0 reviewed case notes · by Jason Tenenbaum
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- Protection of the MRI facilities on medical necessity motions Reviewed Sep 12, 2026 · first published 2015
Medical Arts upheld discovery during a medical-necessity motion. Read the CPLR 3214 stay exception and the limits of this 2015 MRI-provider decision.
- Litigation Funding Disclosure in New York: What Lituma v. Liberty Coca-Cola Means for Both Bars — and for Injured Clients Jun 14, 2026
A NY appellate court allowed defendants to discover third-party litigation funding in a personal injury suit. What Lituma means for both bars and claimants.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2021 (1)
2020 (4)
2019 (5)
2018 (6)
2017 (11)
- EBT granted
- CPLR 3126 Dismissal for Willful Discovery Violations in New York No-Fault Litigation
- Limits on Medical Record Discovery in New York Personal Injury Cases
- Discovery of the claims file – some limitations
- Was there a basis for detailed disclosure?
- Discovery granted/ Owner hailed into an EBT
- Special Referee cannot determine BP issues
- Hello Mrs. Collins
- Correct Note of issue asserting discovery is outstanding not basis for striking Note
- Post-Note of Issue Discovery Granted Without Vacating the Note: Cuprill v Citywide Towing
- Ralph Medical modified
2016 (6)
- Dismissal for failure to comply with one discovery order
- False statement about prior injuries warrants further discovery
- CPLR 3101(i) Video Disclosure: Mid-Trial Dismissal Reversed in Fox v Grand Slam
- EBT's of medical necessity cases.
- Conditional order striking answer trumps cross-motion for summary judgment
- CPLR 3101(d) Expert Disclosure: How Much Detail Is Enough? (Conway v Elite Towing)
2015 (8)
- Depositions granted – First department precedent eschewed
- Why a Substitute IME Doctor Is Not Allowed After Note of Issue in New York
- EBT upheld
- The errant notice to admit
- 3212(f) – motion denied
- Depositions of medical providers
- This one makes no sense.
- Conditional Order vs. Standard Order: New York's Self-Executing Discovery Trap
2014 (11)
- A worthless preclusion order
- Discovery Sanctions in New York: When Striking an Answer Is Inappropriate
- Discovery sanction of dismissal was warranted
- Stipulation does not serve as collateral estoppel
- The articulable need test for a provider EBT on a medical necessity case
- Premature summary judgment motion
- Disclosure
- Late motion to strike note of issue can be considered
- EUO no show substantiated
- Notice of Trial stricken
- A motion for summary judgment is denied pending disclosure
2013 (15)
- EUO preclusion and EBT’s based upon preserved box #18 defense
- EBT order as an alternative to a denied medical necessity motion
- Mallela based disclosure granted
- Tax records denied in Mallela based disclosure matter
- Conditional discovery order vacated upon showing of law office failure
- Deposition of own party allowed into evidence
- Discovery disallowed when EUO requests are not responded to by deponent
- Medical provider cannot defeat IME non-cooperation defense through stating “discovery is outstanding”
- The errata sheet is not a do over
- The SIU file is open for discovery and more
- Certificate of readiness that says discovery is outstanding is deemed a nullity
- Discovery not necessary to adjudicate merits of EUO no-show defense
- MSJ + EBT = disaster for plaintiff
- Please be quiet
- Burden rests on medical provider to show that defense is palpably improper
2012 (4)
2011 (4)
- Late Notice of Trial and standard of law as to Malella
- On the CPLR front – 3126(3) motion granted when party deponent lies during deposition
- Remote Depositions for International Parties: Legal Precedent from Long Island and NYC Courts
- Understanding Errata Sheets and Credibility Issues in New York Depositions
2010 (15)
- It is facebook – split decision
- Mallela Depositions: When New York Courts Compel No-Fault Doctors to Testify
- Brutal discovery decision from the Appellate Term First Department
- Law of the case does not apply to discovery orders
- Amendment of bill of particulars on the eve of trial is allowed
- EBT Transcript Invalid Because It Was Not Mailed to Plaintiff (CPLR 3116)
- Does this make sense?
- Miss an EBT deadline – have your answer stricken and go directly to inquest
- Unintentional spoliation leads to adverse inference charge
- An interesting discovery case involving the right to obtain alcohol treatment records
- Appellate Term Holds CPLR 3212(f) Relief Is Inappropriate Under Three Separate Circumstances
- The fifth discovery default will cause your answer to be stricken
- Civil Procedure Pitfalls: The High Cost of Improper Note of Issue Filing in New York
- Note to attorney: resist the urge to object if your client is being deposed as a non-party at a deposition
- Court-Ordered Blood Tests and Medical Discovery in NY Personal Injury Cases
2009 (6)
- Why Assignor EBT Failures Don't Warrant CPLR 3126 Sanctions Against Healthcare Provider Assignees
- NY EBT Venue Rules: When Courts Grant Undue Hardship Exceptions for Depositions
- Laches may prove fatal to opposing a summary judgment motion based upon CPLR 3212 (f)
- Discovery Violations and Court Sanctions: When New York Courts Strike Back
- EBT's in no fault practice – "laches does not apply"
- A plain disaster
Frequently asked questions
What is discovery in New York civil litigation?
Discovery is the pre-trial exchange of information between the parties. CPLR 3101(a) requires full disclosure of all matter material and necessary in the prosecution or defense of an action, and CPLR Article 31 supplies the tools: depositions, written interrogatories, document demands, notices to admit, and physical or mental examinations under CPLR 3121(a). Privileged matter and attorney work product are not obtainable (CPLR 3101(b), (c)). Under CPLR 3103(a) a court may issue a protective order to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice. In no-fault suits by medical providers the sums in dispute are often small, so full discovery is the exception in practice.
What happens if a party fails to comply with discovery requests?
The party seeking disclosure may move to compel under CPLR 3124, and the court may impose penalties under CPLR 3126. CPLR 3126 applies when a party refuses to obey a disclosure order or wilfully fails to disclose information the court finds ought to have been disclosed. The statute lists three kinds of orders: deeming the disputed issues resolved against the disobedient party; barring that party from supporting or opposing designated claims or defenses or from using certain evidence or witnesses; and striking pleadings, staying the case, dismissing the action, or entering a default judgment. The court picks the penalty that is just.
What are interrogatories and how are they used in New York litigation?
Interrogatories are written questions one party serves on another after the action is commenced (CPLR 3130(1)). Answers must be in writing and under oath, and each answer or objection is due within twenty days of service (CPLR 3133(a), (b)). CPLR 3130(1) adds two limits: a party may not serve interrogatories on a party and also demand a bill of particulars from it, and in a negligence-only personal injury action a party may not both serve interrogatories on and depose the same party without leave of court. In Supreme and County Court, 22 NYCRR 202.20 caps interrogatories at 25, including subparts, unless the parties agree or the court orders otherwise.
What is a bill of particulars in New York personal injury cases?
A bill of particulars amplifies the pleadings so the other side knows the claims. CPLR 3043(a) lists what may be demanded in a personal injury action: the date, time and place of the occurrence; a general statement of the negligent acts or omissions claimed; whether actual or constructive notice is claimed; the injuries and which are permanent; in a motor vehicle case, how the plaintiff sustained a serious injury under Insurance Law § 5102(d); confinement and lost work; and special damages. CPLR 3043(b) allows a supplemental bill for continuing special damages without leave, at least thirty days before trial, but no new injury may be claimed that way.