Jia Wang v. Chih Shien Kang

Order, Supreme Court, New York County (Richard Braun, J.), entered May 1, 2015, which, insofar as appealed from, denied plaintiffs motion to vacate the note of issue or, in the alternative, for a jury trial, unanimously affirmed, without costs.

Plaintiff brought this motion to vacate the note of issue on the basis that the case was not ready for trial some 15 months after the note of issue was filed, and, thus, the motion was untimely (see Schroeder v IESI NY Corp., 24 AD3d 180, 181 [1st Dept 2005]). Furthermore, plaintiff’s speculative and unsubstantiated claims of defendants’ forgery,…