Grasso v. McCoy

*1097Memorandum: Plaintiff commenced this action seeking, inter alia, imposition of a constructive trust on real property owned by defendant. Supreme Court erred in granting defendant’s motion to strike the amended complaint pursuant to CPLR 3126 based upon plaintiffs failure to respond to discovery demands. The affirmation submitted by defendant’s attorney in support of the motion failed to demonstrate that he “ha[d] conferred with counsel for [plaintiff] in a good faith effort to resolve the issues raised by the motion” (Uniform Rule for Trial Cts [22 NYCRR] § 202.7 [a] [2]; see Kane v Shapiro,…