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VOLINO v. LONG IS. R.R. CO.

2008-01649.

2008 NY Slip Op 06205

RICHARD VOLINO, appellant, v. LONG ISLAND RAILROAD COMPANY, respondent.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Mark J. Rayo, P.C., Brooklyn, N.Y. (Louis A. Badolato of counsel), for appellant.

Lewis Johs Avallone Aviles, LLP, Riverhead, N.Y. (Brian J. Greenwood of counsel), for respondent.

Before: PETER B. SKELOS, J.P., HOWARD MILLER, EDWARD D. CARNI, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and that branch of the plaintiff's motion which was for post-note of issue discovery is granted.

Upon the particular circumstances of this case it was an improvident exercise of discretion to deny that branch of the plaintiff's motion which was for post-note of issue discovery (see 22 NYCRR 202.21[d]).

SKELOS...

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