37 Pages Posted: 8 Jun 2010
This article examines the events in litigation that typically result in a CPLR 3216 conditional order requiring disclosure, which require the expenditure of substantial time and expense for the parties and the court system. We then turn to recent decisions in which conditional orders have issued and examine the propriety and effect of those orders. The piece then discusses several established remedies available under the CPLR to a party subject to a CPLR 3126 conditional order. These broad remedies cast further doubt on the utility of the doctrine invoked by several courts that allows a court to vacate or modify a conditional order based merely on a reasonable excuse and affidavit of merit.
Keywords: CPLR 3216, Conditional Order, Disclosure
Suggested Citation: Suggested Citation
Connors, Patrick M., CPLR 3216 Conditional Orders Requiring Disclosure 'Can't Get No Respect'. Albany Law Review, Vol. 73, No. 3, p. 853, 2010; Albany Law School Research Paper No. 10-04. Available at SSRN: https://ssrn.com/abstract=1622221