BLINDS TO GO (US), INC. v. TIMES PLAZA DEVELOPMENT, L.P.

2012-02896, Index No. 41932/03.

111 A.D.3d 775 (2013)

975 N.Y.S.2d 355

2013 NY Slip Op 7703

BLINDS TO GO (US), INC., Respondent, v. TIMES PLAZA DEVELOPMENT, L.P., Appellant.

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

Decided November 20, 2013.


In an action to recover damages for breach of a lease, the defendant appeals from an order of the Supreme Court, Kings County (F. Rivera, J.), dated February 24, 2012, which denied its motion to vacate the note of issue and to compel additional discovery.

Ordered that the order is affirmed, with costs.

Where additional discovery is sought more than 20 days after the filing of the note of issue, the moving party must demonstrate unusual or unanticipated circumstances...

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