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ALLEN v. HIRALDO

21579/13E, 2124N.

144 A.D.3d 434 (2016)

2016 NY Slip Op 07149

41 N.Y.S.3d 213

BOYD ALLEN, Respondent, v. PEDRO HIRALDO et al., Appellants.

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

Decided November 1, 2016.

Supreme Court properly denied as untimely the motion to vacate the note of issue and certificate of readiness. Defendants failed to make the motion within 20 days after service of the note and certificate, nor did they show good cause for the delay (see 22 NYCRR 202.21 [e]; Kelley v Zavalidroga, 55 A.D.3d 1391 [4th Dept 2008], lv dismissed 11 N.Y.3d 911<...

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