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GONZALEZ v. MILES

Index No. 30966/17. Appeal No. 12196N. Case No. 2020-01949.

187 A.D.3d 636 (2020)

131 N.Y.S.3d 144

2020 NY Slip Op 06052

Larry Gonzalez, Respondent, v. Linda Miles et al., Appellants.

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

Decided October 27, 2020.

A lack of diligence in seeking discovery does not constitute unusual or unanticipated circumstances such to warrant vacatur of a note of issue (see Aikanat v Spruce Assoc., L.P., 182 A.D.3d 437 [1st Dept 2020]; Colon v Yen Ru Jin, 45 A.D.3d 359 [1st Dept 2007]). When defendants stipulated that discovery was complete, they were aware, by way of the verified bill of particulars and plaintiff's deposition, that he was making...

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