Encarnacion v. Monier
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In two related actions, inter alia, to recover damages for personal injuries, which were joined for trial, the defendant in action No. 2 appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (McMahon, J.), dated July 14, 2009, as, in effect, granted that branch of his motion which was to vacate the note of issue filed in action No. 2 only to the extent of directing the plaintiff to provide all outstanding discovery by a date certain.
Ordered that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the…
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