Post note of issue discovery grantedApril 6, 2017
Cuprill v Citywide Towing & Auto Repair Servs., 2017 NY Slip Op 02729 (1st Dept. 2017)
It is such a murky area – when is post note of issue discovery appropriate?
“Contrary to plaintiff’s argument, defendants did not seek, and the motion court did not order, vacatur of the note of issue. Trial courts are authorized, as a matter of discretion, to permit post-note of issue discovery without vacating the note of issue, so long as neither party will be prejudiced.”