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CATHERS v. BARNES

8 A.D.3d 215 (2004)

779 N.Y.S.2d 477

BETH CATHERS et al., Respondents, v. BRUCE BARNES et al., Appellants.

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

June 29, 2004.

In this action for breach of contract and for goods sold and accepted, defendants' motion to vacate the note of issue was denied because discovery was completed (compare Ortiz v Arias, 285 A.D.2d 390 [2001]), and the note had been filed in conformity with prior scheduling orders. The IAS court had limited discovery to transactions specified in the amended complaint, and ruled that claims set forth as affirmative defenses that were...

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