Tooles v. Gallo
This text of 244 A.D.2d 958 (Tooles v. Gallo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion to compel plaintiff to appear for an orthopedic examination. The motion was made after the filing of a note of issue and statement of readiness, and defendant failed to demonstrate “special, unusual or extraordinary circumstances warranting further discovery” (Peterson v Zuercher, 198 AD2d 797; see, Stella v Ahmed, 223 AD2d 698; Strauss v New York Ethical Culture Socy., 210 AD2d 134). (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Discovery.) Present—Denman, P. J., Hayes, Callahan and Fallon, JJ.
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Cite This Page — Counsel Stack
244 A.D.2d 958, 668 N.Y.S.2d 136, 1997 N.Y. App. Div. LEXIS 12351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tooles-v-gallo-nyappdiv-1997.