Goldsmith v. Howmedica, Inc.

*336A party may not obtain further disclosure after the filing of a note of issue and certificate of readiness absent a factual showing of " 'special, unusual or extraordinary circumstances’ ”. (Huttner v Mayberry, 96 AD2d 527; 22 NYCRR 202.21 [d].) Defendant’s note of issue was filed on July 31, 1989, 4Vi months after plaintiffs served their supplemental bill of particulars upon defendant. We find that defendant has failed to make the requisite showing of special circumstances and, therefore, deny defendant’s request to have a second medical expert examine the prosthesis.

Similarly, defendant has…