On May 13, 2026, the Second Department issued a decision in Harrison v. 160-01 Jamaica Ave. Corp., 2026 NY Slip Op. 02970, holding that a trial court should have vacated a note of issue because of changed circumstances, explaining:
[T]he Supreme Court should have granted that branch of Atlantic’s motion which was pursuant to 22 NYCRR 202.21 to vacate the note of issue. A motion to vacate a note of issue is addressed to the sound discretion of the Supreme Court. Pursuant to 22 NYCRR 202.21(e), within 20 days after service of a note of issue and certificate of readiness, any party to the action may move to vacate the note of issue. Where a party’s motion to vacate a note of issue is timely, the party is required only to demonstrate why the case is not ready for trial. However, where, as here, the motion is not timely, the party seeking relief must meet the more difficult standard of 22 NYCRR 202.21(d), which requires the movant to demonstrate that unusual or unanticipated circumstances have develop[ed] subsequent to the filing of the note of issue which require additional pretrial proceedings to prevent substantial prejudice. Under the circumstances of this case, Atlantic demonstrated that unusual or unanticipated circumstances developed subsequent to the filing of the note of issue and that additional discovery is required to prevent substantial prejudice.r sites do not signify endorsement or relationship with them.
(Internal quotations and citations omitted).