The substitution of defendant's counsel, which occurred after the note of issue was filed, does not constitute an unusual or unanticipated circumstance that would warrant post-note of issue discovery, pursuant to 22 NYCRR 202.21[d]. In any event, defendant waived its right to conduct a post-note of issue medical examination of plaintiff by failing to comply with the deadlines set by the court in the multiple orders issued before and after his examination before trial.
Villanueva v. National Frgt., Inc., NY Slip Op 00507 (1st Dep't February 2, 2023)
