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TORTOLA v. NHT OWNERS, LLC

25 A.D.3d 600 (2006)

806 N.Y.S.2d 890

INGRID TORTOLA, Respondent, v. NHT OWNERS, LLC, et al., Appellants.

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

January 17, 2006.

Ordered that the order is affirmed, with costs.

The defendants failed to demonstrate that unusual or unanticipated circumstances occurred after the filing of the note of issue which required the nonparty depositions sought in their subpoenas to prevent substantial prejudice (see 22 NYCRR 202.21 [d]). Accordingly, the Supreme Court providently exercised its discretion in granting the plaintiff's motion to quash the subpoenas (see Candray v Eicher,

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