MED PART v. KINGSBRIDGE HEIGHTS CARE CENTER, INC.


22 A.D.3d 260 (2005)

802 N.Y.S.2d 403

MED PART, a Division of HEALTH CARE EQUIPMENT & PARTS INC., Respondent, v. KINGSBRIDGE HEIGHTS CARE CENTER, INC., Appellant.

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

October 6, 2005.


Post-note of issue discovery was properly denied by both Justices, defendant having failed to demonstrate unusual or unanticipated circumstances to justify such relief (22 NYCRR 202.21 [d]; cf. Esteva v Catsimatidis, 4 A.D.3d 210 [2004]). The documents that defendant requested at the deposition of plaintiff's president could have been sought before the note of issue was filed, and, contrary...

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