RUBIN v. BAGLIO


234 A.D.2d 534 (1996)

651 N.Y.S.2d 614

Laverne A. Rubin et al., Respondents, v. Patricia Baglio, Appellant

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

December 23, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

In June 1993 the plaintiffs' counsel signed a stipulation indicating that discovery was complete and that the case was ready for trial. However, the plaintiffs failed to file a note of issue and certificate of readiness. On November 22, 1995, the defendant served a 90-day notice of demand upon the plaintiffs to serve and file...

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