On June 25, 2024, the First Department issued a decision in Mazzone v. Alonso, Andalkar & Facher, P.C., 2024 NY Slip Op. 03462, affirming the dismissal of a post-note of issue subpoena seeking discovery, explaining:
The court properly granted plaintiff’s motion to quash the trial subpoena directed to her employer because defendants were improperly seeking to obtain further discovery long after the filing of the note of issue. Whatever documents defendants require to refresh recollections of witnesses or aid in cross-examination should already have been obtained in discovery. Defendants do not point to any unusual or unanticipated circumstances or substantial prejudice sufficient to warrant post-note of issue discovery.
(Internal citations omitted).