9.19 - 1. Introduction

• Jurisdiction: New York

1. Introduction

Counsel’s “use of pretrial disclosure devices is often intertwined with procedural motion practice intended to move a case toward summary disposition, trial, or settlement. . . . [P]retrial motions are important cogs in the preservation of error for appellate review.”²¹¹⁰

Pretrial motions may and frequently are dispositive of an action; therefore, attention to the record on appeal while preparing the motion papers is important. Within the context of a motion to dismiss or summary judgment...