MACANCELA v. PEKURAR


286 A.D.2d 320 (2001)

728 N.Y.S.2d 700

XAVIER MACANCELA et al., Respondents, v. GEORGE PEKURAR et al., Defendants, and SOFIA PEKURAR, Appellant.

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

Decided August 6, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the note of issue is vacated, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The plaintiffs' certificate of readiness incorrectly stated that all pretrial discovery had been completed. Because this was a misstatement of a material fact, the filing of the note of issue was a nullity, and should have been...

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