LOPEZ v. RETAIL PROPERTY TRUST

2010-10196.

84 A.D.3d 891 (2011)

921 N.Y.S.2d 906

WELQUIS LOPEZ, Appellant, v. RETAIL PROPERTY TRUST, Defendant, and KONE, INC., Respondent.

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

Decided May 10, 2011.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the plaintiff's cross motion to compel the defendant Kone, Inc., to comply with discovery is granted.

The Supreme Court, in its discretion, may grant permission to conduct additional discovery after the filing of a note of issue and certificate of readiness where the moving party demonstrates that "unusual or unanticipated circumstances" developed...

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