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KARR v. BRANT LAKE CAMP, INC.

265 A.D.2d 184 (1999)

696 N.Y.S.2d 140

GAIL B. KARR, Individually and as Parent of JUSTIN KARR, an Infant, Respondent, v. BRANT LAKE CAMP, INC., Appellant.

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

Decided October 7, 1999.

In seeking to take the deposition of its former employee, a non-resident, non-party witness, almost 11 months after the note of issue was filed, defendant 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, White v Bronx Lebanon Hosp. Ctr., 240 A.D.2d 212

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