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MILLER v. METROPOLITAN 810 7TH AVENUE

50 A.D.3d 474 (2008)

855 N.Y.S.2d 519

DONALD MILLER et al., Respondents, v. METROPOLITAN 810 7TH AVENUE et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided April 17, 2008.

The court exercised its discretion in a provident manner in denying appellants' motion, where appellants failed to demonstrate that unusual or unanticipated circumstances developed subsequent to the filing of the note of issue that would warrant such relief (see 22 NYCRR 202.21 [d]; Karr v Brant Lake Camp, 265 A.D.2d 184 [1999]). The record establishes that appellants were aware...

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