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BLAIS CONSTR. CO., INC. v. HANOVER SQUARE ASSOCS.-ONE

147 A.D.2d 901 (1989)

Blais Construction Co., Inc., Respondent, v. Hanover Square Associates-One et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 3, 1989

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Special Term erred in refusing to vacate the note of issue and statement of readiness because the case is not ready for trial (see, 22 NYCRR 202.21 [e]). In the circumstances presented, defendants have not had a reasonable opportunity to complete discovery (see, Bycomp, Inc. v New York Racing Assn., 116 A.D.2d 895;

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