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JONES v. SETA

1848N, 308688/11.

143 A.D.3d 482 (2016)

2016 NY Slip Op 06556

38 N.Y.S.3d 422

TYSON JONES et al., Respondents, v. RICHARD V. SETA et al., Appellants.

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

Decided October 6, 2016.

Defendants' discovery, after the filing of the note of issue, that Jones had been involved in prior accidents involving the same body parts alleged to have been injured in the subject accident, constitutes "unusual or unanticipated circumstances" warranting further discovery (22 NYCRR 202.21 [d]; see Bermel v Dagostino, 50 A.D.3d 303 [1st Dept 2008]). However, defendants have not articulated...

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