Ordered that the order is modified, on the law, by deleting the provision thereof which, in effect, denied that branch of the motion which was to vacate the plaintiff's note of issue, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellants.
A note of issue should be vacated when it is based upon a certificate of readiness that contains erroneous facts, such as that discovery has...
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