Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the appellants' motion which was to vacate the note of issue and certificate of readiness and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.
On November 20, 2009, four days after the appellants served a verified answer to the complaint, the plaintiff...
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