Order reversed, insofar as appealed from, with $50 costs and disbursements, and defendant's motion granted to the extent that the note of issue and certificate of readiness are vacated and the action is stricken from the Trial Calendar.
On the instant record it is clear that plaintiff filed the note of issue and certificate of readiness even though it knew that defendant's discovery had not been completed. Under the circumstances, Special Term should have granted...
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