Jacques v. City of New York

Full title: MARIE JACQUES, appellant, v. CITY OF NEW YORK, ET AL., respondents

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

Date published: May 10, 2004

7 A.D.3d 576 (N.Y. App. Div. 2004)

775 N.Y.S.2d 897

Opinion

2003-07182.

Decided May 10, 2004.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated July 16, 2003, which granted the defendants' motion pursuant to CPLR 3124 to compel discovery.

John J. Appell, New York, N.Y. (Louis A. Badolato of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Grace Goodman of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion is denied.

There was no demonstration of unusual or unanticipated circumstances to warrant discovery after the note of issue had been filed ( see 22 NYCRR 202.21[d]; Audiovox Corp. v. Benyamini, 265 A.D.2d 135). Therefore, the Supreme Court should have denied the defendants' motion pursuant to CPLR 3124 to compel discovery.

SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.