Opinion
June 10, 1997
Appeal from the Supreme Court, Bronx County (Jerry Crispino, J.).
In seeking to take the deposition of a nonresident, nonparty witness nine months after the note of issue was filed, defendants have failed to demonstrate any unusual or unanticipated circumstance warranting deviation from the rule that disclosure proceedings may not be conducted after the filing of the note of issue ( see, Price v. Bloomingdale's, 166 A.D.2d 151). Further, the subpoena served by defendants upon the out-of-State nonparty witness has no legal effect in New York ( Coombs v Rowand, 39 A.D.2d 532, appeal dismissed 31 N.Y.2d 853). We have considered defendants' remaining claims and find them to be without merit.
Concur — Wallach, J.P., Rubin, Tom and Andrias, JJ.