Jacques v. City of New York

Appellate Division of the Supreme Court of New York

Jacques v. City of New York

7 A.D.3d 576, 775 N.Y.S.2d 897

Appellate Division of the Supreme Court of the State of New York·Decided May 10, 2004·Published·Cited by 1 cases

Opinion

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated July 16, 2003, which granted the defendants’ motion pursuant to CPLR 3124 to compel discovery.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

There was no demonstration of unusual or unanticipated circumstances to warrant discovery after the note of issue had been filed (see 22 NYCRR 202.21 [d]; Audiovox Corp. v Benyamini, 265 AD2d 135 [2000]). Therefore, the Supreme Court [577] should have denied the defendants’ motion pursuant to CPLR 3124 to compel discovery. Santucci, J.P., Smith, Luciano and Adams, JJ., concur.

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In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated July 16, 2003, which granted the defendants’ motion pursuant to CPLR 3124 to compel discovery.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

There was no demonstration of unusual or unanticipated circumstances to warrant discovery after the note of issue had been filed (see 22 NYCRR 202.21 [d]; Audiovox Corp. v Benyamini, 265 AD2d 135 [2000]). Therefore, the Supreme Court [577] should have denied the defendants’ motion pursuant to CPLR 3124 to compel discovery. Santucci, J.P., Smith, Luciano and Adams, JJ., concur.

Jacques v. City of New York, 7 A.D.3d 576, 775 N.Y.S.2d 897 (N.Y. Ct. App. 2004).

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7 A.D.3d 576 (Jacques v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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