Pannone v. Silberstein

Order, Supreme Court, New York County (Karen Smith, J.), entered October 13, 2006, which, to the extent appealed from, *328denied defendant Silberstein’s motion to strike plaintiffs note of issue and certificate of readiness and denied his request for further discovery, unanimously affirmed, without costs.

The court properly exercised its discretion in denying defendant’s motion to strike plaintiffs note of issue. There was no outstanding discovery when plaintiff filed the note of issue and the certificate of readiness contains no factual errors. The certificate of readiness accurately stated that…