ANZELONE v. EMERSON ELECTRIC CO.


56 A.D.3d 1264 (2008)

867 N.Y.S.2d 836

RONALD J. ANZELONE, Respondent-Appellant, v. EMERSON ELECTRIC Co. et al., Appellants-Respondents.

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

November 21, 2008.


Memorandum:

Defendants appeal and plaintiff cross-appeals from an order that granted in part plaintiff's motion to compel further disclosure. We agree with defendants that Supreme Court erred in failing to deny the motion in its entirety, and we therefore modify the order accordingly. Plaintiff made the motion after filing a note of issue, and "[t]his Court has repeatedly stated that, absent special, unusual or extraordinary circumstances spelled out factually, the...

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