Alvarez v. 471 W. 144 LLC

Summary

The Appellate Division, First Department affirmed an order denying defendants’ motion to vacate an order permitting the plaintiff to conduct further depositions concerning defendants’ assets and the assets of the individual owners. The court held that the trial court acted within its broad discretion to permit material and necessary post-note-of-issue discovery where defendants had not adequately complied with prior discovery orders.

Holdings

1. Supreme Court acted within its broad discretion to regulate discovery by finding that a further deposition concerning defendants' assets and the assets of the individual owners was material and necessary.
2. A court may allow post-note-of-issue discovery without vacating the note of issue when the discovery is warranted and permitting it will not prejudice either party; defendants could not establish prejudice because they had failed to comply adequately with prior discovery orders.

Questions Presented

1. Whether Supreme Court acted within its discretion in allowing plaintiff to conduct a further deposition concerning defendants' assets and the assets of the individual owners.
2. Whether post-note-of-issue discovery could be permitted without vacating the note of issue where the requested discovery was material and necessary and defendants could not establish prejudice.

Disposition

affirmed