The motion court providently exercised its discretion in denying defendant's motion for a further extension of the deadline for filing the note of issue, taking into account the length of time the action had been pending, the multiple extensions that had already been granted, and the need to avoid undue delay. Notably, after the Appellate Division granted the parties an additional 60 days to complete discovery, the motion court granted another extension of about five months to complete discovery and file the note of issue. Although the motion court's order marked that deadline as "final" and stated that no further extensions would be granted without a showing that "formal efforts" had been made to compel outstanding discovery from third parties, defendant canceled a scheduled deposition of third-party witnesses and did not move to compel discovery from them.
As to the motion to vacate the note of issue, defendant failed to show that any unusual or unanticipated circumstances requiring additional discovery developed after the filing of the note of issue, pursuant to 22 NYCRR 202.21[d].
361 Broadway Assoc. Holdings, LLC v. Foundations Group I, Inc., NY Slip Op 05550 (1st Dep't November 12, 2024)
