JACQUES v. CITY OF NEW YORK

ORDERED that the order is reversed, on the law, with costs, and the motion is denied.

There was no demonstration of unusual or unanticipated circumstances to warrant discovery after the note of issue had been filed ( see 22 NYCRR 202.21[d]; Audiovox Corp. v. Benyamini, 265 A.D.2d 135). Therefore, the Supreme Court should have denied the defendants' motion pursuant to CPLR 3124 to compel discovery.

SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.