Newell v Hirsch, 2009 NY Slip Op 06519 (App. Div., 2nd, 2009)
The Supreme Court also properly denied the defendant’s motion to compel the plaintiff to comply with his discovery demands served nearly three years after the note of issue was filed. In order to obtain such belated relief, the defendant was required to demonstrate unusual or unanticipated circumstances and substantial prejudice (see 22 NYCRR 202.21[d]; Audiovox Corp. v Benyamini, 265 AD2d 135, 138). The defendant did not do so.