Lynch v. Vollono, 2003-10115.
Decision Date | 12 April 2004 |
Docket Number | 2003-10115. |
Citation | 774 N.Y.S.2d 433,6 A.D.3d 505,2004 NY Slip Op 02722 |
Parties | NANCY LYNCH, Plaintiff, v. ANTHONY W. VOLLONO et al., Defendants. (Action No. 1.) DEBORAH MADIA, Respondent, v. TOWN OF OYSTER BAY et al., Defendants, and NANCY LYNCH, Also Known as NANCY BORGESE, Appellant. (Action No. 2.) (And Another Title.) |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the note of issue is vacated, and the plaintiff in Action No. 2 is directed to comply with all of the appellant's outstanding discovery demands.
"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" (Drapaniotis v 36-08 33rd St. Corp., 288 AD2d 254 [2001]). The plaintiff in Action No. 2 (hereinafter the plaintiff) did not dispute the claim asserted by the appellant in support of her motion, to the effect that discovery in this matter was incomplete. Thus, the note of issue should have been vacated and the plaintiff directed to comply with the appellant's outstanding discovery demands.
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Amores v. Levittown Union Free Sch. Dist.
...properly vacate a Note of Issue if the Certificate of Readiness contains misstatements or material errors. See Lynch v. Vollano, 6 A.D.3d 505, 774 N.Y.S.2d 433 (2d Dept. 2004); Savin v. Brooklyn Marine Park Development Corp., 61 A.D.3d 954, 878 N.Y.S.2d 178 (2d Dept. 2009). Where outstandin......
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