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CIOFFI v. S.M. FOODS, INC.

2015-12464. Index No. 55391/11.

178 A.D.3d 1003 (2019)

2019 NY Slip Op 09250

Frederick M. Cioffi et al., Appellants, v. S.M. Foods, Inc., et al., Defendants/Third-Party Plaintiffs-Respondents, and Atlanta Foods International, Respondents. Village of Tuckahoe et al., Third-Party Defendants-Respondents.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

Grant & Longworth, LLP ( Jonathan Rice and Pollack Pollack Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac ], of counsel), for appellants.

Baxter Smith & Shapiro, P.C., White Plains, NY ( Sim R. Shapiro of counsel), for defendants third-party plaintiffs-respondents.

White & Quinlan, LLP, Garden City, NY ( Terence M. Quinlan of counsel), for defendants-respondents.

Mastro, J.P., Rivera, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Pursuant to the Uniform Rules for Trial Courts, "[w]ithin 20 days after service of a note of issue and certificate of readiness, any party to the action or special proceeding may move to vacate the note of issue, upon affidavit showing in what respects the case is not ready for trial, and the court may vacate the note...

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