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ALBA v. CITY OF NEW YORK

41 A.D.3d 146 (2007)

838 N.Y.S.2d 41

JESMY ALBA, an Infant, by Her Mother and Natural Guardian, VICTORIA RONDON, et al., Respondents, v. CITY OF NEW YORK, Defendant, and 231 LLC et al., Appellants.

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

Decided June 7, 2007.

Defendants' main brief argues that where, as here, a note of issue was previously vacated as premature or inaccurate, the action cannot be restored to the trial calendar through the simple expedient of filing a note of issue; rather, a motion is required. Plaintiffs' brief points out, as did the motion court's decision, that the note of issue was filed in response to a 90-day CPLR 3216 notice from the court. Defendants' reply brief...

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