Opinion
10653N Index 309896/12
12-26-2019
Julio J. LOPEZ, Plaintiff–Appellant, v. Gregory M. HICKS, et al., Defendants–Respondents, City of New York, et al., Defendants.
Law Offices of Alexander Bespechny, Bronx (Alexander Bespechny and Yelena Gordiyenko of counsel), for appellant. Lawrence Heisler, Brooklyn (Timothy O'Shaughnessy of counsel), for respondents.
Law Offices of Alexander Bespechny, Bronx (Alexander Bespechny and Yelena Gordiyenko of counsel), for appellant.
Lawrence Heisler, Brooklyn (Timothy O'Shaughnessy of counsel), for respondents.
Renwick, J.P., Manzanet–Daniels, Oing, Singh, Gonza´lez, JJ.
Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on or about April 20, 2018, which to the extent appealed from, resolved defendants Gregory M. Hicks, New York City Transit Authority, MTA Bus Company, the Metropolitan Transportation Authority, MTA New York City Bus, and Manhattan and Bronx Surface Transit Operating Authority's motion to vacate the note of issue by directing plaintiff to provide certain discovery, unanimously affirmed, without costs.
Plaintiff has not shown that the post-note of issue discovery directed by the Supreme Court caused him prejudice or was otherwise an improvident exercise of that court's broad discretion in supervising disclosure (see 22 NYCRR 202.21 [d]; Cuprill v. Citywide Towing & Auto Repair Servs. , 149 A.D.3d 442, 443, 49 N.Y.S.3d 624 [1st Dept. 2017] ; Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc. , 11 N.Y.3d 843, 845, 873 N.Y.S.2d 239, 901 N.E.2d 732 [2008] ).