Williams v Laura Livery Corp., 2019 NY Slip Op 04664 (1st Dept. 2019)
“Once plaintiff filed the notice of issue and certificate of readiness certifying to the court that all discovery was complete without reserving his rights or preserving objections, he waived his right to seek preclusion (see Rivera-Irby v City of New York, 71 AD3d 482 [1st Dept 2010]).”
Lesson to the wise. Without a preclusion order, the surprise affiant can appear.
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