Beliavskaia v. Perkin

Full title: TATIANA BELIAVSKAIA et al., Respondents, v. HYMAN PERKIN et al., Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 16, 1996

227 A.D.2d 246 (N.Y. App. Div. 1996)

642 N.Y.S.2d 522

Opinion

May 16, 1996

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).

An affidavit showing unusual or unanticipated circumstances justifying a departure from the general rule foreclosing discovery after the filing of a note of issue ( 22 NYCRR 202.21 [d]) was not required here since the relief sought was not in the nature of discovery ( cf., Hill v. Sheehan, 154 A.D.2d 912).

We have considered defendants' other contentions and find them to be without merit.

Concur — Rosenberger, J.P., Wallach, Kupferman and Williams, JJ.