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LEON v. ST. VINCENT DE PAUL RESIDENCE

56 A.D.3d 265 (2008)

866 N.Y.S.2d 664

NAZARIO LEON, Respondent, v. ST. VINCENT DE PAUL RESIDENCE, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 6, 2008.

The motion court properly exercised its discretion in denying defendant's motion, which was made seven months after the note of issue was filed and based on the assertion that the note of issue inaccurately stated that all discovery was complete when defendant had not taken plaintiff's deposition or conducted an independent medical examination of him. As the court recognized, a deposition of plaintiff would be futile considering...

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