On April 4, 2024, the First Department issued a decision in Kenney v. Essex Mgt. Co., 2024 NY Slip Op. 01871, holding that the parties to a lawsuit waived further discovery by failing to complete discovery by the Note of Issue date, explaining:
Supreme Court did not improvidently exercise its discretion in denying plaintiff’s unopposed motion to extend the time to file a note of issue by 30 days. Although plaintiff explained that the parties had not completed discovery because they reached a tentative settlement, the final scheduling order plainly stated that there would be no stay of discovery pending motion practice, settlement proceedings, or ADR, and that depositions and other discovery would be automatically waived and precluded if not completed by the deadlines set in the order. Accordingly, discovery had been waived and precluded before the motion was made.
(Internal citations omitted).