Opinion
06-15-2017
Armen BEHLJULHEVIC, Plaintiff–Respondent, v. The CITY OF NEW YORK, Defendant, Consolidated Edison Company of New York, Inc., Defendant–Appellant.
The Law Office of Douglas J. McKay, New York (Stephen T. Brewi of counsel), for appellant. Wingate, Russotti, Shapiro & Halperin, LLP, New York (Andrea Borden of counsel), for respondent.
The Law Office of Douglas J. McKay, New York (Stephen T. Brewi of counsel), for appellant.
Wingate, Russotti, Shapiro & Halperin, LLP, New York (Andrea Borden of counsel), for respondent.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered April 12, 2016, which, in this action for personal injuries, denied the motion of defendant Consolidated Edison Company of New York, Inc. (Con. Ed.) to vacate the note of issue and strike the matter from the trial calendar, unanimously affirmed, without costs.
In this discovery dispute, the court properly exercised its discretion in denying the motion to vacate. By stipulating at the October 20, 2015 compliance conference that all discovery was complete, Con. Ed. lost its entitlement to the information plaintiff stated in his April 6, 2015 response that he would provide under separate cover (see Stolowski v. 234 E. 178th St. LLC, 104 A.D.3d 569, 570, 961 N.Y.S.2d 417 [1st Dept.2013] ; Chichilnisky v. Trustees of Columbia Univ. in City of N.Y., 52 A.D.3d 206, 859 N.Y.S.2d 143 [2008] ).
TOM, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ., concur.