Ordered that the order is reversed, on the law, with costs, and the motion is denied.
An affidavit showing unusual or unanticipated circumstances justifying a departure from the general rule foreclosing discovery after the filing of a note of issue (see 22 NYCRR 202.21 [d]) was not required here since the relief sought, deposition of a nonparty treating physician of the plaintiff's decedent, was not in the nature of discovery (see CPLR 3101 [d] [1] ...
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