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VALENCIA v. CITY OF NEW YORK

102212/11. Appeal No. 12396N. Case No. 2020-02521.

188 A.D.3d 549 (2020)

132 N.Y.S.3d 609

2020 NY Slip Op 06732

Gustavo Adolfo Giraldo Valencia, Also Known as Gustavo Giraldo, et al., Appellants, v. City of New York et al., Respondents.

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

Decided November 17, 2020.

The IAS court properly exercised its discretion in granting defendants' motion to compel, despite the note of issue having been filed nearly two years prior (Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 N.Y.3d 843, 845 [2008]). Trial courts are authorized to permit post-note of issue discovery without vacating the note of issue, so long as the parties will not suffer prejudice as a result (see Hickey...

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