MADISON v. SAMA

6912, 103066/08.

92 A.D.3d 607 (2012)

938 N.Y.S.2d 802

2012 NY Slip Op 1497

MICHAEL MADISON, Respondent, v. ANDREW A. SAMA, M.D., et al., Appellants.

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

Decided February 28, 2012.


Plaintiff requested leave to conduct a further deposition of defendant Sama after filing a note of issue and certificate of readiness for trial. The only reason that plaintiff proffered for this request was that the expert engaged by his new counsel to review the file had discovered areas of inquiry that his former counsel had failed to pursue. This is insufficient to establish that "unusual or unanticipated circumstances" had developed requiring further discovery "to prevent...

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