Discovery Default Leads to Conditional Dismissal of Superstorm Sandy Insurance Case

MINEOLA, N.Y. — A state court judge in New York has ordered the conditional dismissal of a Superstorm Sandy insurance coverage case, ordering the plaintiffs to appear for deposition and provide expert witness information or the case will be dismissed outright.

Nassau County Supreme Court Justice Jerome C. Murphy issued the directive April 3 in response to what the defendant argued was plaintiff’s continued failure to provide discovery responses or appear for deposition.

New York Property Insurance Underwriting Association filed the motion to dismiss the claims of Dina Whyte, a New York Property insured whose Breezy Point, N.Y., home was …