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WHITE v. BRONX LEBANON HOSP. CTR.

240 A.D.2d 212 (1997)

658 N.Y.S.2d 288

Christine White et al., Respondents, v. Bronx Lebanon Hospital Center et al., Defendants, and Mehendra B. Dave et al., Appellants

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

June 10, 1997

In seeking to take the deposition of a nonresident, nonparty witness nine months after the note of issue was filed, defendants have failed to demonstrate any unusual or unanticipated circumstance warranting deviation from the rule that disclosure proceedings may not be conducted after the filing of the note of issue (see, Price v Bloomingdale's, 166 A.D.2d 151). Further, the subpoena served by defendants upon the out-of-State...

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