Gaskin v. Ilowitz

• Decision Date: 05 January 2010
• Docket Number: 2009-03805
• Citation: 891 N.Y.S.2d 288,2010 NY Slip Op 97,69 A.D.3d 563
• Parties: JEFFREY GASKIN, Appellant, v. CHAIM ILOWITZ, Respondent.
• Court: New York Supreme Court — Appellate Division

69 A.D.3d 563

891 N.Y.S.2d 288

2010 NY Slip Op 97

JEFFREY GASKIN, Appellant, v. CHAIM ILOWITZ, Respondent.

2009-03805

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 5, 2010.

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated March 25, 2009, as granted that branch of the defendant's motion which was to vacate the note of issue.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's certificate of readiness incorrectly stated that the bill of particulars, physical examinations, exchange of medical reports, and any discovery proceedings known to be necessary were waived. In addition, it falsely declared that preliminary proceedings had been completed and that the case was ready for trial. Because of these misstatements of material facts, that branch of the defendant's motion which was to vacate the note of issue was properly granted (Brown v Astoria Fed. Sav., 51 AD3d 961, 962 [2008]; see 22 NYCRR 202.21 [e]; Gregory v Ford Motor Credit Co., 298 AD2d 496, 497 [2002]; Spilky v TRW, Inc., 225 AD2d 539, 540 [1996]).

FISHER, J.P., SANTUCCI, DICKERSON, CHAMBERS and LOTT, JJ., concur.