Torres v. New York City Transit Authority

Full title: DAVID TORRES, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant…

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

Date published: Apr 15, 1993

192 A.D.2d 400 (N.Y. App. Div. 1993)

596 N.Y.S.2d 66

Opinion

April 15, 1993

Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).

We perceive no abuse of discretion in the court's refusing to vacate the note of issue while permitting defendants to complete necessary outstanding disclosure, where the note of issue was not filed until almost a year after the preliminary conference and defendants claimed that due to their trial schedule and staff limitations they were unable to complete disclosure in a timely manner pursuant to the preliminary conference order (see, Smukler v 12 Lofts Realty, 178 A.D.2d 125).

Concur — Sullivan, J.P., Rosenberger, Kupferman and Asch, JJ.