Madison v Sama

Madison v Sama 2012 NY Slip Op 01497 Decided on February 28, 2012 Appellate Division, First Department 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.

Decided on February 28, 2012
Andrias, J.P., Catterson, Abdus-Salaam, Manzanet-Daniels, JJ.
6912 103066/08

[*1]Michael Madison, Plaintiff-Respondent,

v

Andrew A. Sama, M.D., et al., Defendants-Appellants.




Peltz & Walker, New York (Bhalinder L. Rikhye of counsel),
for appellants.
Arthur G. Nevins, Jr., New York, for respondent.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered July 29, 2011, which, after directing plaintiff to amend his bill of particulars to include new injuries and a new theory of the case, granted plaintiff's motion to further depose defendant Sama, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff requested leave to conduct a further deposition of defendant Sama after filing a note of issue and certificate of readiness for trial. The only reason that plaintiff proffered for this request was that the expert engaged by his new counsel to review the file had discovered areas of inquiry that his former counsel had failed to pursue. This is insufficient to establish that "unusual or unanticipated circumstances" had developed requiring further discovery "to prevent substantial prejudice" (see 22 NYCRR 202.21[d]; Schroeder v IESI NY Corp., 24 AD3d 180 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 28, 2012

CLERK