GASKIN v. ILOWITZ

2009-03805

69 A.D.3d 563 (2010)

891 N.Y.S.2d 288

2010 NY Slip Op 97

JEFFREY GASKIN, Appellant, v. CHAIM ILOWITZ, Respondent.

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

Decided January 5, 2010.


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

The plaintiff's certificate of readiness incorrectly stated that the bill of particulars, physical examinations, exchange of medical reports, and any discovery proceedings known to be necessary were waived. In addition, it falsely declared that preliminary proceedings had been completed and that the case was ready for trial. Because of these misstatements of material facts, that branch of the...

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