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BENI v. GREEN 485 TIC LLC

156432/14, 2347A, 2347.

144 A.D.3d 613 (2016)

2016 NY Slip Op 08027

41 N.Y.S.3d 427

FRANK BENI et al., Respondents, v. GREEN 485 TIC LLC et al., Appellants. (And a Third-Party Action.)

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

Decided November 29, 2016.

The motion court properly declined to strike the note of issue because, contrary to defendants' contention, the certificate of readiness did not contain any erroneous facts about the state of discovery (see 11 Essex St. Corp. v Tower Ins. Co. of N.Y., 96 A.D.3d 699 [1st Dept 2012]; Pannone v Silberstein, 40 A.D.3d 327 [1st Dept 2007]).

The court also properly declined to extend defendants...

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