TOMAINO v. 209 EAST 84 STREET CORP.

1784N, 111817/06

68 A.D.3d 527 (2009)

2009 NY Slip Op 9283

891 N.Y.S.2d 51

DOLORES TOMAINO et al., Respondents, v. 209 EAST 84 STREET CORP., Appellant.

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

Decided December 15, 2009.


Although plaintiffs' certificate of readiness incorrectly states that disclosure was completed, the misstatement was at worst technical, and defendant's motion to vacate the note of issue was properly denied.

Plaintiffs allege that on June 30, 2006, plaintiff Dolores Tomaino fell on a staircase in defendant's building and suffered a fractured left humerus and other injuries; the humeral fracture was surgically repaired on June 6, 2007 through open reduction with internal...

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