April 13, 2017

Post-note of issue discovery.

Practice point:  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.

Case:  Cuprill v. Citywide Towing & Auto Repair Servs., NY Slip Op 02729 (1st Dep't April 6, 2017)

Here is the decision.

Tomorrow's issue: No-fault claims and allegedly fraudulent providers.