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WIEBUSCH v. BETHANY MEMORIAL REFORM CHURCH

51 A.D.3d 577 (2008)

859 N.Y.S.2d 63

JANET WIEBUSCH, Respondent, v. BETHANY MEMORIAL REFORM CHURCH, Defendant, and MARBLE COLLEGIATE CHURCH, Appellant.

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

Decided May 27, 2008.

The illness of plaintiff's prior attorney, which developed following the filing of the note of issue and certificate of readiness and resulted in plaintiff being unable to obtain the return of her complete case file, constitutes unusual or unanticipated circumstances warranting the relief provided (see 22 NYCRR 202.21 [d]). Contrary to Marble's contention, plaintiff was not required to demonstrate the merits of her case in...

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