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DEEPHAVEN DISTRESSED OPPORTUNITIES TRADINGS, LTD. v. 3V CAPITAL MASTER FUND LTD.

6328, 600610/08, 6329N, 590803/08.

90 A.D.3d 499 (2011)

935 N.Y.S.2d 266

2011 NY Slip Op 8993

DEEPHAVEN DISTRESSED OPPORTUNITIES TRADINGS, LTD., et al., Respondents, v. 3V CAPITAL MASTER FUND LTD., et al., Appellants. 3V CAPITAL MASTER FUND LTD., Third-Party Plaintiff-Appellant, v. IMPERIAL CAPITAL, LLC, et al., Third-Party Defendants-Appellants.

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

Decided December 13, 2011.

Since the certificate of readiness incorrectly stated that discovery proceedings had been completed, the note of issue should have been vacated (see 22 NYCRR 202.21 [e]; Nielsen v New York State Dormitory Auth., 84 A.D.3d 519 [2011]). Although plaintiffs later exchanged a copy of the outstanding statement of claim filed in the arbitration proceeding against third-party defendant...

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