SIMS v. FERRACCIO (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Vera SIMS, Plaintiff-Appellant, v. Mary FERRACCIO and Dean Brucz, Defendants-Respondents.
Mary Ferraccio, Plaintiff, v. Dean Brucz, Defendant.

Decided: October 01, 1999

PRESENT: DENMAN, P.J., PINE, HAYES, HURLBUTT and CALLAHAN, JJ.

Richard S. Binko, Cheektowaga, for plaintiff-appellant. Michael T. Hagelin, Buffalo, for defendant-respondent Mary Ferraccio. Norman E.S. Greene, Buffalo, for defendant-respondent Dean Brucz.

Supreme Court erred in granting the motion of defendants to compel Vera Sims (plaintiff) to provide the records of a doctor who had treated plaintiff many years prior to the accident that is the subject of this litigation. Plaintiff's note of issue and statement of readiness had been filed one year before the motion to compel. “[A]bsent special, unusual or extraordinary circumstances spelled out factually, the motion court lacks discretion to permit further discovery after the note of issue and statement of readiness have been filed” (Gould v. Marone, 197 A.D.2d 862, 604 N.Y.S.2d 867; see, Melanson v. Caggiano, 251 A.D.2d 1059, 672 N.Y.S.2d 829; Laudico v. Sears, Roebuck & Co., 125 A.D.2d 960, 510 N.Y.S.2d 787). Defendants failed to establish any special, unusual or extraordinary circumstances.

Order unanimously reversed on the law without costs, motion denied and note of issue and statement of readiness reinstated.

MEMORANDUM:

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