Opinion
April 29, 1999
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
The motion was properly denied absent an explanation why it was not made at the time that defendant moved to vacate the note of issue on the ground that plaintiff had failed to comply with all outstanding disclosure demands. Moreover, there is no showing that plaintiff's dilatory conduct in providing disclosure prevented defendant from moving for summary judgment.
Concur — Nardelli, J. P., Tom, Lerner, Mazzarelli and Friedman, JJ.