Nikqi v. Dedona Contracting Corp.

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered August 12, 2013, which, inter alia, denied defendants’ motion to vacate the note of issue, to direct a further IME of plaintiff by a traumatic brain injury specialist, and to direct plaintiff to provide further authorizations for the release of his medical treatment records, unanimously affirmed, without costs.

Defendants failed to demonstrate unusual or unanticipated circumstances that would warrant vacating the note of issue (see 22 NYCRR 202.21 [d], [e]). Rather, the record shows a lack of diligence on defendants’ part in…