The motion court incorrectly interpreted the Court of Appeals' decision in Arons v Jutkowitz ( 9 NY3d 393) as permitting ex parte interviews of a plaintiffs health care providers by defense counsel only after a note of issue was filed. To the contrary, the Court of Appeals expressly rejected the long-standing practice of proscribing such interviews only after the note of issue was filed, and otherwise made it clear that the preferred time for such disclosure was before the filing of a note of issue ( see id. at 410-411).