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HOCHBERG v. MAIMONIDES MEDICAL CENTER

37 A.D.3d 660 (2007)

831 N.Y.S.2d 439

JOSEPH HOCHBERG, Respondent, v. MAIMONIDES MEDICAL CENTER, Appellant.

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

Decided February 20, 2007.

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

In response to a 90-day notice served by the defendant pursuant to CPLR 3216, the plaintiff filed a timely note of issue. However, the note of issue was a nullity because the certificate of readiness and affirmation of compliance filed therewith incorrectly stated that discovery was complete (see Blackwell v Long Is. Coll. Hosp., 303 A.D.2d 615, 616...

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