Drapaniotis v. 36-08 33RD STREET CORP.
| Decision Date | 13 November 2001 |
| Parties | VASILIKI DRAPANIOTIS, Respondent,<BR>v.<BR>36-08 33RD STREET CORP. et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is modified, on the law, by deleting the provision thereof which, in effect, denied that branch of the motion which was to vacate the plaintiff's note of issue, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellants.
A note of issue should be vacated when it is based upon a certificate of readiness that contains erroneous facts, such as that discovery has been completed (see, Garofalo v Mercy Hosp., 271 AD2d 642; Cromer v Yellen, 268 AD2d 381; Club Italia v Italian Fashion Trading, 268 AD2d 219). Here, the parties have, in effect, conceded that discovery in this matter has not been completed. Thus, the note of issue should be vacated.
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