Order, Supreme Court, New York County (Robert R. Reed, J), entered on or about June 12, 2023, which, to the extent appealed from as limited by the briefs, denied defendant's motion to vacate the note of issue pursuant to 22 NYCRR 202.21(e) in part because it found sua sponte that defendants' challenge to the discovery Referee's letter order, precluding defendants' sur-rebuttal expert reports, was untimely, unanimously affirmed, without costs.
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