YOUNG v. DESTASO FUNDING, LLC

2010-02448.

92 A.D.3d 778 (2012)

938 N.Y.S.2d 476

2012 NY Slip Op 1248

PHILLIP YOUNG, Doing Business as AFFORDABLE PAVING, Respondent, v. DESTASO FUNDING, LLC, et al., Appellants, et al., Defendant.

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

Decided February 14, 2012.


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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