Jacques v City of New York (2004 NY Slip Op 03775)

Jacques v City of New York

2004 NY Slip Op 03775 [7 AD3d 576]

May 10, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 28, 2004

Marie Jacques, Appellant,
v
City of New York et al., Respondents.

—[*1]

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated July 16, 2003, which granted the defendants' motion pursuant to CPLR 3124 to compel discovery.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

There was no demonstration of unusual or unanticipated circumstances to warrant discovery after the note of issue had been filed (see 22 NYCRR 202.21 [d]; Audiovox Corp. v Benyamini, 265 AD2d 135 [2000]). Therefore, the Supreme Court should have denied the defendants' motion pursuant to CPLR 3124 to compel discovery. Santucci, J.P., Smith, Luciano and Adams, JJ., concur.