Legal Opinion
Gallo v. SCG Select Carrier Group, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 2012PublishedCited by 14 opinions
1Opinion of the Court
The appellants timely moved, inter alia, to strike the note of issue within 20 days of its service (see 22 NYCRR 202.21 [e]), and clearly demonstrated that the plaintiffs certificate of readiness contained misstatements concerning the status of discovery. Since the appellants made a clear showing that discovery was not complete and that the case was not ready for trial, the Supreme Court should have granted their motion to strike the note of issue and to compel the plaintiff to appear for a neurological examination (see 22 NYCRR 202.21 [e]; Brown v Astoria Fed. Sav., 51 AD3d 961, 962 [2008];…
2Cases cited4 opinions
- Brown v. Astoria Federal SavingsAppellate Division of the Supreme Court of the State of New York · 2008
- Gregory v. Ford Motor Credit Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Spilky v. TRW, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Drapaniotis v. 36-08 33rd Street Corp.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by14 opinions
- Malester v. RampilAppellate Division of the Supreme Court of the State of New York · 2014
- Jacobs v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2012
- Kent Realty, LLC v. Danica Group, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Moses v. B & E Lorge Family TrustAppellate Division of the Supreme Court of the State of New York · 2017
- Breytman v. Olinville RealtyAppellate Division of the Supreme Court of the State of New York · 2013
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