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REMARK ELEC. CORP. v. MANSHUL CONSTR. CORP.

242 A.D.2d 694 (1997)

662 N.Y.S.2d 592

Remark Electric Corp., Respondent, v. Manshul Construction Corp. et al., Defendants, and Aetna Casualty and Surety Company, Appellant

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

September 29, 1997

Ordered that the order is affirmed, with costs.

This action was commenced on February 1, 1994. On August 14, 1994, the plaintiff served and filed a note of issue and Certificate of Readiness. On January 10, 1996, the defendant Aetna Casualty and Surety Company moved to vacate the note of issue and compel the plaintiff to answer certain interrogatories which it asserted had been served on May 3, 1994. The plaintiff denies...

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