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Gigliotti v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 559 (N.Y. App. Div. 1999)

Opinion

February 16, 1999

Appeal from the Supreme Court, Queens County (Lisa, J.).


Ordered that the order is affirmed, without costs or disbursements.

In the instant case, the Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to depose a nonparty witness, made after the plaintiff filed a note of issue and certificate of readiness. The defendant failed to demonstrate "that unusual or unanticipated circumstances developed subsequent to the filing requiring additional pretrial proceedings to prevent substantial prejudice" (Mayo v. Lincoln Triangle Assocs., 248 A.D.2d 362; see, 22 NYCRR 202.21 [d]; Scocozza v. Tolia, 254 A.D.2d 475; Gill v. United Parcel Serv., 249 A.D.2d 265).

Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

Gigliotti v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 559 (N.Y. App. Div. 1999)
Case details for

Gigliotti v. Allstate Insurance Company

Case Details

Full title:GREGORY GIGLIOTTI, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 16, 1999

Citations

258 A.D.2d 559 (N.Y. App. Div. 1999)
683 N.Y.S.2d 896

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