RUIZ v. PARK GRAMERCY OWNERS CORP.

11379N.

182 A.D.3d 471 (2020)

119 N.Y.S.3d 865

2020 NY Slip Op 02260

Denise Ruiz, Respondent, v. Park Gramercy Owners Corp. et al., Appellants.

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

Decided April 9, 2020.


"[A] note of issue should be vacated when [it] is based upon a certificate of readiness which contains an erroneous fact, such as that discovery has been completed" (Savino v Lewittes, 160 A.D.2d 176, 177 [1st Dept 1990]; see Pua v Lam, 155 A.D.3d 487 [1st Dept 2017]; 22 NYCRR 202.21[e]). Here, the motion to vacate the note of issue should have been granted since plaintiff had not provided...

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