SEREDA v. SOUNDS OF CUBA, INC.

Nos. 7694N, 108791/07.

95 A.D.3d 651 (2012)

944 N.Y.S.2d 538

2012 NY Slip Op 3887

GINA MIELE SEREDA, Respondent, v. SOUNDS OF CUBA, INC., Doing Business as SON CUBANO, and Doing Business as CUBANO'S, Appellant.

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

Decided May 17, 2012.


In this negligence action arising from a slip and fall, defendant demanded from plaintiff the address of a nonparty witness, a friend of plaintiff who was with her the night she fell. Before responding to all of defendant's discovery demands, including the demand for the witness's address, plaintiff filed a note of issue and certificate of readiness. The court directed that the parties resolve the outstanding discovery by a certain date, but did not vacate the note of issue...

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