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AH BEE PUA v. YUEN FAI M. LAM

4985N, 154527/14.

155 A.D.3d 487 (2017)

63 N.Y.S.3d 859

2017 NY Slip Op 08098

AH BEE PUA, Respondent, v. YUEN FAI M. LAM et al., Defendants, and C&H HERB SHOP, INC., Appellant.

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

Decided November 16, 2017.

When, as in this case, statements in a certificate of readiness concerning completion of discovery are incorrect or blatantly false, a motion to strike the note of issue should be granted (see e.g. Cromer v Yellen, 268 A.D.2d 381 [1st Dept 2000]). Plaintiff's contention that the motion has been mooted by the completion of most discovery is based on representations concerning subsequent matters, not in the appellate record, and of...

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