ESTEVA v. CATSIMATIDIS


4 A.D.3d 210 (2004)

772 N.Y.S.2d 267

TERESA ESTEVA, Appellant, v. JOHN CATSIMATIDIS et al., Respondents.

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

February 19, 2004.


The motion court denied plaintiff's motion to strike for defendants' failure to provide discovery in accordance with her demand on the ground that a note of issue had already been filed. However, while pretrial discovery after a note of issue has been filed is generally inappropriate, it may be permitted to prevent substantial prejudice where unusual or unanticipated circumstances develop subsequent to the filing of the note of issue

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