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UTICA MUTUAL INSURANCE COMPANY v. P.M.A. CORPORATION

34 A.D.3d 793 (2006)

826 N.Y.S.2d 138

UTICA MUTUAL INSURANCE COMPANY et al., Respondents, v. P.M.A. CORPORATION et al., Appellants. (Action No. 1.) CNA INSURANCE COMPANY, as Subrogee of DEBORAH SMITH, Plaintiff, v. P.M.A. CORPORATION, Defendant. (Action No. 2.) BENJAMIN MAGGIO et al., Respondents, v. PLATZNER MANAGEMENT CO., Defendant, and P.M.A. CORPORATION, Appellant. (And Other Titles.) (Action No. 3.)

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

Decided November 28, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the appellants' motion which was to strike the note of issue and certificate of readiness. Since the appellants failed to move to vacate the note of issue within 20 days after its filing (see 22 NYCRR 202.21 [e]; Rodriguez v Sau Wo Lau, 298 A.D.2d 376 [2002]), they were required to demonstrate...

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