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IDEAL MEDIA US INC. v. BARON

Index No. 153127/18. Appeal No. 13712-13712A. Case No. 2020-03447. 2020-04578.

193 A.D.3d 544 (2021)

142 N.Y.S.3d 353

2021 NY Slip Op 02361

Ideal Media US Inc., Respondent, v. Alexander Baron et al., Appellants.

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

The Baez Law Firm, PLLC, New York ( Jose Anibal Baez of counsel), for appellants.

Val Mandel, P.C., New York ( Eric Wertheim of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, González, JJ.

The court providently denied defendants' motion to strike the note of issue. There was no outstanding discovery when plaintiff filed the note of issue and the certificate of readiness contained no material factual errors (see Pannone v Silberstein, 40 A.D.3d 327, 328 [1st Dept 2007]; Grant v Wainer, 179 A.D.2d 364, 364 [1st Dept 1992]).

Plaintiff made a prima facie showing that,...

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