Opinion
October 26, 1998
Appeal from the Supreme Court, Queens County (Lisa, J.).
Ordered that the order is affirmed, with costs.
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 requiring additional pretrial proceedings to prevent substantial prejudice ( see, 22 NYCRR 202.21 [d]). In the present case, however, the defendant failed to offer any evidence of unusual or unanticipated circumstances subsequent to the filing of the note of issue which would justify relieving her of her failure to conduct timely depositions of the nonparty witnesses.
Miller, J. P., Thompson, Pizzuto, McGinity and Luciano, JJ., concur.