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PALMIERO v. 417 EAST 9TH STREET ASSOCIATES, LLC

7855N. 106138/10. 590242/12.

167 A.D.3d 472 (2018)

88 N.Y.S.3d 27

2018 NY Slip Op 08449

Bernadette Palmiero, Respondent, v. 417 East 9th Street Associates, LLC, et al., Appellants, et al., Defendants. (And a Third Party Action.)

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

Decided December 11, 2018.

Defendants failed to establish that unusual or unanticipated circumstances developed after the note of issue was filed that require additional discovery to prevent substantial prejudice to them (see 22 NYCRR 202.21 [d]). Plaintiff has not converted this action into a wrongful death action, claimed any new or additional injuries, or served a supplemental bill of particulars (see Nikqi v Dedona Contr. Corp., 117 A.D.3d 620 ...

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