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CABRERA v. ABAEV

4088N. 4087.

150 A.D.3d 588 (2017)

2017 NY Slip Op 04084

55 N.Y.S.3d 207

OMADIL CABRERA, Appellant, v. YAKOV ABAEV, Defendant, and DENNIS PANTOJA et al., Respondents.

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

Decided May 23, 2017.

"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" (Cuprill v Citywide Towing & Auto Repair Servs., 149 A.D.3d 442, 443 [1st Dept 2017]). We perceive no prejudice here, as the matter remains on the trial calendar (see Suarez v Shapiro Family Realty...

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