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GRUBER v. ANASTAS

2011-02421.

100 A.D.3d 829 (2012)

954 N.Y.S.2d 568

2012 NY Slip Op 7956

Louis J. GRUBER, JR., et al., Respondents, v. AYREEN ANASTAS et al., Appellants, et al., Defendant.

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

November 21, 2012.

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

"[A] court, in its discretion, may properly decide to proceed with a trial in the absence of a note of issue and certificate of readiness" (Petti v Pollifrone, 170 A.D.2d 494, 495 [1991]). Here, the Supreme Court did not improvidently exercise its discretion in proceeding with a trial since the defendant...

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