Grady v. AHRC NYC New Projects, Inc.
Michael Grady and Judith Grady, plaintiffs in this action, sought damages for personal injuries Michael sustained in a work-related accident. Fourth-party defendant Nead Electric moved to vacate the plaintiffs' note of issue and certificate of readiness for trial, seeking further discovery and a vocational rehabilitation examination. Nead argued that the plaintiff's late expert disclosure, quantifying economic losses at $1.5 million, constituted unusual circumstances justifying additional pretrial proceedings. Defendant/third-party plaintiff AHRC NYC New Projects, Inc. supported Nead's motion. The plaintiffs opposed, citing untimeliness and potential prejudice. The court granted Nead's motion, finding the late expert disclosure of economic damages to be unusual and unanticipated circumstances. The court ordered the plaintiff to comply with discovery and undergo a vocational rehabilitation examination.