RIZZO v. BALISH & FRIEDMAN

2016-05813. Index No. 100065/14.

153 A.D.3d 869 (2017)

61 N.Y.S.3d 257

2017 NY Slip Op 06307

CAMILLE RIZZO et al., Appellants, v. BALISH & FRIEDMAN et al., Defendants.

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

Decided August 23, 2017.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, and the plaintiffs' motion pursuant to 22 NYCRR 202.21 (e) to vacate the note of issue and certificate of readiness is granted.

In this dental malpractice action, the Supreme Court issued a certification order dated March 30, 2016, which directed the plaintiffs to serve and file a note of issue and certificate of readiness within...

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