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BELIAVSKAIA v. PERKIN

Appellate Division of the Supreme Court of New York, First Department.
May 16, 1996

An affidavit showing unusual or unanticipated circumstances justifying a departure from the general rule foreclosing discovery after the filing of a note of issue ( 22 NYCRR 202.21 [d]) was not required here since the relief sought was not in the nature of discovery ( cf., Hill v. Sheehan, 154 A.D.2d 912).

We have considered defendants' other contentions and find them to be without merit.

Concur — Rosenberger, J.P., Wallach, Kupferman and Williams, JJ.