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DESARIO v. SL GREEN MANAGEMENT LLC

12757N, 103530/10.

118 A.D.3d 520 (2014)

987 N.Y.S.2d 151

2014 NY Slip Op 4256

FRANK DESARIO, Respondent v. SL GREEN MANAGEMENT LLC et al., Appellants.

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

Decided June 12, 2014.

The motion court providently exercised its discretion in quashing defendants' post note of issue trial subpoenas seeking plaintiff's entire employment files from three employers. Defendants failed to demonstrate "unusual or unanticipated" circumstances or "substantial prejudice" sufficient to warrant post-note of issue discovery (see Schroeder v IESI NY Corp., 24 A.D.3d 180 [1st Dept 2005]; 22 NYCRR...

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