Legal Opinion

Singh v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2009PublishedCited by 2 opinions

1Opinion of the Court

*1097While the Supreme Court may, in its discretion, grant permission to conduct additional discovery after the filing of a note of issue and certificate of readiness where the moving party demonstrates that “unusual or unanticipated circumstances” developed subsequent to the filing which require additional pretrial proceedings to prevent substantial prejudice (see 22 NYCRR 202.21 [d]; Audiovox Corp. v Benyamini, 265 AD2d 135, 138 [2000]; Futersak v Brinen, 265 AD2d 452 [1999]), here, the defendants failed to establish any such unusual or unanticipated circumstances that would warrant the…

2Cases cited2 opinions

  1. Audiovox Corp. v. BenyaminiAppellate Division of the Supreme Court of the State of New York · 2000
  2. Futersak v. BrinenAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. Reynoso v. Bovis Lend Lease LMB, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Filippazzo v. KormoskiAppellate Division of the Supreme Court of the State of New York · 2010

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