ADAMS v. LEGACY CARTING CORP (2024)

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

Debbie ADAMS, Plaintiff–Respondent, v. LEGACY CARTING CORP., et al., Defendants–Appellants.

2671

Decided: October 03, 2024

Kern, J.P., Oing, Kapnick, Kennedy, Shulman, JJ.

Cheven, Keely & Hatzis, New York (Thomas Torto of counsel), for appellants. Krieger Wilansky & Hupart, Bronx (Melissa K. Rodriguez of counsel), for respondent.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about June 23, 2023, which denied defendants' motion to vacate the note of issue and compel discovery, unanimously affirmed, without costs.

The court properly denied defendants' motion to vacate the note of issue because it was not timely filed within 20 days of service of the note of issue, as required by 22 NYCRR 202.21(e). Defendants also waived any right to take a further deposition of plaintiff concerning her lumbar spine surgery by failing to take any steps to reschedule the deposition over the course of three years. Furthermore, defendants showed no basis for seeking other medical records relating to medical conditions that were not placed in issue by plaintiff (see Spencer v. Willard J. Price Assoc., LLC, 155 A.D.3d 592, 592, 63 N.Y.S.3d 854 [1st Dept. 2017]).

We have considered defendants' remaining arguments and find them unavailing.

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