Miller v. Metropolitan 810 7th Avenue

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered November 13, 2007, which denied defendants-appellants’ motion pursuant to CPLR 3108 for an open commission to conduct a post-note of issue deposition of an out-of-state nonparty witness, unanimously affirmed, without costs.

The court exercised its discretion in a provident manner in *475denying appellants’ motion, where appellants failed to demonstrate that unusual or unanticipated circumstances developed subsequent to the filing of the note of issue that would warrant such relief (see 22 NYCRR 202.21 [d]; Karr v Brant Lake…