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BROWN v. ASTORIA FEDERAL SAVINGS

51 A.D.3d 961 (2008)

858 N.Y.S.2d 793

IRVING BROWN, Appellant, v. ASTORIA FEDERAL SAVINGS, Respondent.

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

Decided May 27, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff's certificate of readiness incorrectly stated that all pretrial discovery had been completed. Because this was a misstatement of a material fact, the filing of the note of issue was a nullity, and that branch of the defendant's motion which was to vacate the note of issue and certificate of readiness was properly granted (see 22 NYCRR 202.21 [e]; Gregory v Ford Motor Credit Co.,

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