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LEWIS v. VERIZON N.Y. INC.

2020-03004. 2020-03007. 152084/12. Appeal No. 14698. Case No. 2020-04484.

199 A.D.3d 572 (2021)

158 N.Y.S.3d 71

2021 NY Slip Op 06546

Diana Lewis, Respondent, v. Verizon New York Inc. et al., Appellants, et al., Defendants.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( James M. Strauss of counsel), for Verizon New York Inc., and Empire City Subway Company (Limited), appellants.

Ahmuty, Demers & McManus, Albertson ( Nicholas Vevante of counsel), for Triumph Construction Corp., appellant.

Law Office of Neil R. Finkston, Great Neck ( Neil R. Finkston of counsel), for respondent.

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

Movants demonstrated that the tests and procedures disclosed in the third and fourth supplemental bills of particulars and the identification of additional expert witnesses were unusual and unanticipated, warranting additional limited discovery to prevent substantial prejudice to them (22 NYCRR 202.21[d]; see Esteva v Catsimatidis, 4 A.D.3d 210 [1st Dept 2004]).

Plaintiff consented to a limited deposition of her relating...

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