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GROSSMAN v. AMALGAMATED WARBASSE HOUSES, INC.

21 A.D.3d 448 (2005)

799 N.Y.S.2d 748

ROMAN GROSSMAN, Respondent, v. AMALGAMATED WARBASSE HOUSES, INC., Appellant.

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

August 15, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

Inasmuch as the certificate of readiness contained no misrepresentations concerning the status of the discovery process, and the Supreme Court expressly permitted further discovery, the Supreme Court providently exercised its discretion in denying that branch of the defendant's cross motion which was to vacate the note of issue and strike the action from the trial calendar (see Sun Plaza Enters...

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