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Singh v. City of New York

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 22, 2009

HARMINDER SINGH, ET AL., APPELLANTS,
v.
CITY OF NEW YORK, ET AL., RESPONDENTS (AND ANOTHER TITLE).

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated May 20, 2009, which granted that branch of the defendants' motion which, in effect, was to compel them to respond to additional discovery demands regarding the immigration status of the plaintiff Harminder Singh.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J.P., FRED T. SANTUCCI, ANITA R. FLORIO and L. PRISCILLA HALL, JJ.

(Index No. 2918/07)

DECISION & ORDER

ORDERED that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, and that branch of the defendants' motion which, in effect, was to compel the plaintiffs to respond to additional discovery demands regarding the immigration status of the plaintiff Harminder Singh is denied.

While the Supreme Court may, in its discretion, grant permission to conduct additional discovery after the filing of a note of issue and certificate of readiness where the moving party demonstrates that "unusual or unanticipated circumstances" developed subsequent to the filing which require additional pretrial proceedings to prevent substantial prejudice (see 22 NYCRR 202.21[d]; Audiovox Corp. v Benyamini, 265 AD2d 135, 138; Futersak v Brinen, 265 AD2d 452), here, the defendants failed to establish any such unusual or unanticipated circumstances that would warrant the additional post-note-of-issue discovery they sought (see 22 NYCRR 202.21[d]; Audiovox Corp. v Benyamini, 265 AD2d 135; Futersak v Brinen, 265 AD2d 452). The defendants also failed to establish that the denial of their request would cause them actual, substantial prejudice (see Audiovox Corp. v Benyamini, 265 AD2d at 139).

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

20091222

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