Mandart v Small Bone Innovations, Inc.

Holding The Appellate Division reversed the trial court’s denial of the plaintiff’s motion to extend the note of issue deadline, finding that the lower court improvidently exercised its discretion. The court determined that the plaintiff established good cause for the extension due to delays in discovery that were not willful but resulted from legitimate difficulties and the defendant’s own actions.

The court’s words

Supreme Court improvidently exercised its discretion in denying plaintiff's motion

2026 NY Slip Op 05857, at the official text

the delays giving rise to the requested extension did not arise from willfulness in missing deadlines

2026 NY Slip Op 05857, at the official text

defendant did not oppose the motion, and in fact argued before the trial court that it would be severely prejudiced

2026 NY Slip Op 05857, at the official text