Michael J. Devereaux & Assocs., P.C. v. Tufo

1 Citing case

  1. Michael J. Devereaux & Assocs. v. Tufo

    217 A.D.3d 502 (N.Y. App. Div. 2023)

    Supreme Court providently exercised its discretion in compelling plaintiff to provide defendants with all previously exchanged discovery and nonprivileged legal files, even after the filing of the note of issue and certificate of rediness. The sudden death of defendants' prior counsel after years of litigation (see Michael J. Devereaux & Assoc., P.C. v Tufo, 192 A.D.3d 506 [1st Dept 2021]), and their new counsel's inability to obtain their case file, constitute unusual or unanticipated circumstances warranting the relief requested (see 22 NYCRR 202.21[d]; Wiebusch v Bethany Mem. Reform Church, 51 A.D.3d 577, 577-578 [1st Dept 2008]). Furthermore, the record shows that defendants acted promptly by securing new representation within 37 days of their prior counsel's death, that their newly retained counsel immediately sought to compel production of the previously exchanged discovery upon realizing that it was missing, and that plaintiff would not voluntarily provide the requested discovery.