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SMITH v. PARRISH

181 A.D.2d 589 (1992)

Karel Smith, Respondent, v. Louis Parrish, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 24, 1992

We agree with the IAS court that defendant failed to show unusual or unanticipated circumstances justifying his delay in seeking to depose the non-party witness for more than two months after plaintiff's filing of a certificate of readiness (22 NYCRR 202.21 [d]; Goldsmith v Howmedica, Inc., 158 A.D.2d 335). The motion should also be denied for failure to demonstrate circumstances necessitating a non-party deposition (CPLR 3101 [a...

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