CUPRILL v. CITYWIDE TOWING AND AUTO REPAIR SERVICES

3641, 20357/14E.

149 A.D.3d 442 (2017)

2017 NY Slip Op 02729

49 N.Y.S.3d 624

MANUEL A. CUPRILL, Appellant, v. CITYWIDE TOWING AND AUTO REPAIR SERVICES et al., Respondents.

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

Decided April 6, 2017.


The motion court providently exercised its discretion in granting defendants' motion. Contrary to plaintiff's argument, defendants did not seek, and the motion court did not order, vacatur of the note of issue. Trial courts are authorized, as a matter of discretion, to permit post-note of issue discovery without vacating the note of issue, so long as neither party will be prejudiced (see Pickering v Union 15 Rest. Corp., 107 A.D.3d 450<...

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