PMT Defeats Multiple Discovery Motions and Obtains Sanctions in Complex Construction Case

By Lauren R. Turkel and Amy S. Weissman

Pillinger Miller Tarallo, LLP achieved a significant procedural victory in New York County Supreme Court, successfully opposing a series of discovery motions while obtaining sanctions and attorneys’ fees against the opposing party.

In Tracy Horton v. 350 East 86 LLC, First NY, LLC, and Extell Development Company (Supreme Court, New York County, Index No. 161188/2023 – PMT: Construction, General Liability, and Complex Multi-Party Litigation), the plaintiff filed multiple motions seeking to strike the defendants’ pleadings, compel discovery, and obtain leave to file a note of issue. PMT successfully opposed all such motions, demonstrating that the plaintiff’s counsel failed to comply with Uniform Court Rule 202.20-f, which requires parties to confer in good faith before filing discovery disputes.

The Court agreed with PMT’s arguments, denied all of plaintiff’s motions, and instead granted PMT’s cross-motion for sanctions. The Court ordered that the plaintiff must obtain judicial approval before filing any additional discovery motions and awarded attorneys’ fees to PMT’s clients for the unnecessary motion practice.

This decision exemplifies PMT’s ability to manage complex, multi-party cases and achieve strategic procedural victories that safeguard clients’ interests while limiting litigation expenses.

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Should you have any questions, please call our office at (914) 703-6300 or contact:

Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com

Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com

Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com

Richard J. Freire, Executive Partner
rfreire@pmtlawfirm.com