Gregory v. Ford Motor Credit Company
| Decision Date | 21 October 2002 |
| Citation | 748 N.Y.S.2d 507,298 A.D.2d 496 |
| Parties | DANIEL GREGORY et al., Respondents,<BR>v.<BR>FORD MOTOR CREDIT COMPANY et al., Appellants, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with costs, the branch of the motion which was to vacate the plaintiffs' note of issue and certificate of readiness pursuant to 22 NYCRR 202.21 (e) is granted, and the note of issue and certificate of readiness are vacated.
The plaintiffs' certificate of readiness incorrectly stated that all pretrial discovery had been completed. Because this was a misstatement of a material fact, the filing of the note of issue was a nullity, and should have been vacated (see 22 NYCRR 202.21 [e]; Drapaniotis v 36-08 33rd St. Corp., 288 AD2d 254; Macancela v Pekurar, 286 AD2d 320, 321; Garofalo v Mercy Hosp., 271 AD2d 642; Spilky v TRW, Inc., 225 AD2d 539, 540).
To continue reading
Request your trial
-
In re Great Atl. & Pac. Tea Co.
... 544 B.R. 43 In re The Great Atlantic & Pacific Tea Company, Inc., et al., Debtors. 1 Case No. 1523007 (RDD) United ... to the lenders' cash collateral and postpetition credit to 170 days after the Petition Datethat is, until January ... ...
-
Marolda v. Kreinces
... ... by plaintiff James Marplda as a result of a motor vehicle ... accident that occurred on March 3, 2017, ... Fed. Say., supra; Gregory v Ford Motor Credit Co., 298 ... A.D.2d 496, 748 ... ...
-
Greco v. Wellington Leasing Ltd. P'ship
...LLC, 92 A.D.3d 778, 778–779, 938 N.Y.S.2d 476 ; Gaskin v. Ilowitz, 69 A.D.3d 563, 891 N.Y.S.2d 288 ; Gregory v. Ford Motor Credit Co., 298 A.D.2d 496, 497, 748 N.Y.S.2d 507 ). Moreover, the Supreme Court improvidently exercised its discretion in denying that branch of the defendants' motion......
-
Young v. Destaso Funding, LLC
...should have been vacated ( see 22 NYCRR 202.21[e]; Gaskin v. Ilowitz,69 A.D.3d 563, 891 N.Y.S.2d 288; Gregory v. Ford Motor Credit Co., 298 A.D.2d 496, 748 N.Y.S.2d 507; Hyman & Gilbert v. Greenstein, 138 A.D.2d 678, 526 N.Y.S.2d 492; 48–48 Assoc. v. Solow, 97 A.D.2d 742, 469 N.Y.S.2d 11; E......