Opinion
12255N Index No. 21753/18 Case No. 2020-02669
10-15-2020
Russell JENKINS, Plaintiff–Respondent, v. RIVERBAY CORPORATION, Defendant–Appellant.
Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Patrick J. Lawless of counsel), for appellant. Burns & Harris, New York (Jason Steinberg of counsel), for respondent.
Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Patrick J. Lawless of counsel), for appellant.
Burns & Harris, New York (Jason Steinberg of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Moulton, Kennedy, JJ.
Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered March 18, 2020, which denied defendant's motion to compel plaintiff to provide certain medical record authorizations for trial purposes, unanimously affirmed, without costs.
Defendant made no showing that unusual or unanticipated circumstances had developed after the note of issue was filed which required additional pretrial proceedings so as to avoid substantial prejudice (see 22 NYCRR § 202.21 [d]; Audiovox Corp. v. Benyamini, 265 A.D.2d 135, 138, 707 N.Y.S.2d 137 [2d Dept. 2000] ). Rather, the record is clear that "[a]ny outstanding discovery is due to defendant['s] own inaction" ( Allen v. Hiraldo, 144 A.D.3d 434, 435, 41 N.Y.S.3d 213 [1st Dept. 2016] ). Accordingly, defendant's motion was properly denied. Insofar as plaintiff has been granted a trial preference based on his advanced age ( CPLR 3403[a][4] ), the matter should proceed to trial without undue delay.