NOVARO v. JOMAR REAL ESTATE CORP.


156 A.D.2d 213 (1989)

Joseph A. Novaro, Respondent, v. Jomar Real Estate Corp. et al., Appellants, et al., Defendant

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

December 12, 1989


The IAS court did not abuse its discretion in permitting further discovery under the circumstances of this case. Nor is the plaintiff precluded from obtaining discovery by virtue of his prior filing of a note of issue and certificate of readiness at an earlier stage of this action. When at that time the defendants successfully moved to strike that note of issue and certificate of readiness, it became a nullity. Since then, further discovery demands have been made by the parties...

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