A motion to vacate the note of issue more than 20 days after it was filed requires a showing of good cause for the delay, or of substantial prejudice to the movant because of unusual or unanticipated circumstances subsequent to the filing, under 22 NYCRR 202.21 [d], [e]. A lack of due diligence in seeking discovery does not constitute an unusual or unanticipated circumstance.
Peterson v. City of New York, NY Slip Op 06601 (1st Dep't December 21, 2023)
