Cuprill v. Citywide Towing & Auto Repair Services

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered December 22, 2016, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to compel post-note of issue discovery, unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting defendants’ motion. Contrary to plaintiff’s argument, defendants did not seek, and the motion court did not order, vacatur of the note of issue. Trial courts are authorized, as a matter of discretion, to permit post-note of issue discovery without vacating the note of issue, so long…