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BARNETT v. DeMIAN

207 A.D.2d 693 (1994)

616 N.Y.S.2d 491

Martin N. Barnett, Respondent, v. L. David Demian et al., Appellants

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

September 15, 1994

The court abused its discretion in denying the motion to strike plaintiff's note of issue and statement of readiness inasmuch as the statement of readiness incorrectly states that all necessary discovery had been completed or waived (see, Savino v Lewittes, 160 A.D.2d 176).

It is conceded that the deposition of plaintiff by defendant has not been taken. Plaintiff filed the note of issue five weeks before the expiration...

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