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JENKINS v. RIVERBAY CORP.

21753/18. Appeal No. 12255N. Case No. 2020-02669.

187 A.D.3d 543 (2020)

130 N.Y.S.3d 668

2020 NY Slip Op 05814

Russell Jenkins, Respondent, v. Riverbay Corporation, Appellant.

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

Decided October 15, 2020.

Defendant made no showing that unusual or unanticipated circumstances had developed after the note of issue was filed which required additional pretrial proceedings so as to avoid substantial prejudice (see 22 NYCRR 202.21[d]; Audiovox Corp. v Benyamini, 265 A.D.2d 135, 138 [2d Dept 2000]). Rather, the record is clear that "[a]ny outstanding discovery is due to defendant['s] own inaction" (Allen v Hiraldo,

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