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MUNOZ v. 147 CORP.

309 A.D.2d 647 (2003)

767 N.Y.S.2d 1

Gloria Munoz et al., Plaintiffs, v. 147 CORP. et al., Appellant, et al., Defendants. 147 CORP. et al., Third-Party Plaintiffs-Appellants, et al., Third-Party Plaintiff, v. CITY OF NEW YORK, Third-Party Defendant-Respondent. (And Another Action.)

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

Decided October 23, 2003.

Plaintiffs submitted no opposition to defendants' timely motion to vacate the note of issue (CPLR 3402; Uniform Rules for Trial Cts [22 NYCRR] § 202.21 [e]). The recital in the certificate of readiness that discovery is complete is obviously incorrect since defendants have not yet been able to identify and depose essential firefighter witnesses and, thus, the motion to strike the note of issue should have been granted (

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