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COLON v. RU JIN

45 A.D.3d 359 (2007)

845 N.Y.S.2d 281

MARCUS COLON, Respondent, v. YEN RU JIN, Appellant.

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

Decided November 13, 2007.

Defendant failed to demonstrate any unusual or unanticipated circumstances warranting vacatur of the note of issue more than three months after it was served on him (see 22 NYCRR 202.21 [d], [e]). A lack of diligence in seeking discovery does not constitute such circumstances (Marks v Morrison, 275 A.D.2d 1027 [2000]). The record discloses that defendant failed to avail himself of...

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