Taylor v. Enter. FM Tr.

1 Citing case

  1. Grayson v. N.Y.C. Transit Auth.

    2023 N.Y. Slip Op. 33004 (N.Y. Sup. Ct. 2023)

    Although the within motion was filed well after the 20 day timeline pursuant to 22 NYCRR ยง202.21(d), a "late" motion to vacate the note of issue may be entertained where "good cause" is shown and "unusual or unanticipated circumstances and substantial prejudice" is established. (Taylor v. Enter. FMTr., 214 A.D.3d 493, 494, 183 N.Y.S.3d 742 [1st Dept 2023]). Here, the Defendants had "good cause" for filing the motion to vacate the note of issue "late" in light of the recent post note of issue surgery.