LESS IS MOORE?
In Moore v. Nizam, a Bronx County Supreme Court Justice dismissed a case brought against some doctors and medical defendants, and ordered the plaintiff to post $250 in costs, based upon the latter's purported failure to comply with court-ordered discovery.
On appeal, the Appellate Division, First Department, cited six different discovery directives that had been violated over the course of a two-year period (2018 and 2019). And it noted that any purported disagreement with those orders did “not excuse his noncompliance,” particularly since the plaintiff previously agreed to comply and neglected to formally challenge them.
Because “he simply ignored them,” and given his failure to explain why he delayed posting the $250 in costs, the Appellate Division, First Department, unanimously affirmed the litigation’s dismissal.
Is there Moore than meets the eye here?
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DECISION