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DAMAS v. BARBOZA

206 A.D.2d 346 (1994)

614 N.Y.S.2d 324

Erma Damas, Appellant, v. Antonio Barboza et al., Respondents

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

July 5, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's contention on appeal that the action was not on the trial calendar and therefore was not struck from the calendar when the court struck her note of issue is without merit. Filing of the note of issue and certificate of readiness placed the action on the calendar (see, CPLR 3402 [a]; 22 NYCRR 202.21 [a]; 202.22 [a] [3], [4])....

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