In June 2004, plaintiff tenant commenced an action against defendant landlord for negligence and breach of warranty of habitability. On or about February 14, 2006, following joinder of issue and partial discovery, plaintiff filed a note of issue. Defendant thereupon moved to vacate the note of issue, alleging that discovery had not been completed. The IAS court adjourned the motion to May 8 to give the parties the opportunity to complete discovery. On that date, although...
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