Opinion
12396N Index No. 102212/11 Case No. 2020-02521
11-17-2020
Gustavo Adolfo GIRALDO VALENCIA also known as, Gustavo Giraldo et al., Plaintiffs–Appellants, v. CITY OF NEW YORK et al., Defendants–Respondents.
Fortunato & Fortunato, PLLC, Brooklyn (Annamarie Fortunato of counsel), for appellants. Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Christopher Simone of counsel), for respondents.
Fortunato & Fortunato, PLLC, Brooklyn (Annamarie Fortunato of counsel), for appellants.
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Christopher Simone of counsel), for respondents.
Friedman, J.P., Renwick, Webber, Gonza´lez, JJ.
Order, Supreme Court, New York County (Laurence L. Love, J.), entered May 22, 2020, which granted defendants' motion to compel discovery pursuant to CPLR 3124, unanimously affirmed, without costs.
The IAS court properly exercised its discretion in granting defendants' motion to compel, despite the note of issue having been filed nearly two years prior ( 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] ). Trial courts are authorized to permit post-note of issue discovery without vacating the note of issue, so long as the parties will not suffer prejudice as a result (see Hickey v. City of New York, 159 A.D.3d 511, 511, 70 N.Y.S.3d 32 [1st Dept. 2018] ; Cuprill v. Citywide Towing & Auto Repair Servs., 149 A.D.3d 442, 443, 49 N.Y.S.3d 624 [1st Dept. 2017] ; Cabrera v. Abaev, 150 A.D.3d 588, 588, 55 N.Y.S.3d 207 [1st Dept. 2017] ). Here, defendants acted quickly in requesting additional discovery after being substituted for a prior law firm (cf. Schroeder v. IESI N.Y. Corp., 24 A.D.3d 180, 181, 805 N.Y.S.2d 79 [1st Dept. 2005] ), and showed that they would be prejudiced if additional discovery was not granted.