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SUAREZ v. SHAPIRO FAMILY REALTY ASSOCIATES, LLC

3732N, 155825/13, 595832/15.

149 A.D.3d 526 (2017)

2017 NY Slip Op 02914

53 N.Y.S.3d 23

DOLORES S. SUAREZ, Respondent, v. SHAPIRO FAMILY REALTY ASSOCIATES, LLC, et al., Appellants, and DUANE READE, INC., Respondent. SHAPIRO FAMILY REALTY ASSOCIATES, LLC, et al., Third-Party Plaintiffs-Appellants, v. SATO CONSTRUCTION CO., INC., Doing Business as FLAG WATERPROOFING & RESTORATION COMPANY, et al., Third-Party Defendants.

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

Decided April 13, 2017.

Under the circumstances, where plaintiff's certificate of readiness contained no incorrect material representations, the court properly refused to vacate the note of issue (cf. 22 NYCRR 202.21 [e]). However, as plaintiff acknowledged in the note of issue and certificate of readiness, discovery was still outstanding. Plaintiff's argument that Shapiro's affirmation of good faith failed to comply with 22 NYCRR 202.7 is unavailing, since the record demonstrates that Shapiro...

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