Abbott v. Memorial Sloan-Kettering Cancer Center

—Order, Supreme Court, Bronx County (Louis Benza, J.), entered March 5, 2001, which denied plaintiffs request to depose two of defendant’s employees, and which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

By filing a note of issue, in which he certified that all discovery had been completed, plaintiff waived his right to conduct further depositions (see, Stephano v News Group Publs., 64 NY2d 174, 186), and he has failed to demonstrate any extraordinary circumstances arising after he filed the note of issue.

Defendant’s motion for…