Barnett v. DeMian

—Order of the Supreme Court, New York County (Martin B. Stecher, J.), entered on February 14, 1994, which, inter alia, denied defendants’ motion to strike plaintiff’s note of issue, is unanimously modified, on the law and the facts, and in the exercise of discretion, to the extent of reversing the denial of defendants’ motion to strike the note of issue, and the motion is granted, without costs.

The court abused its discretion in denying the motion to strike plaintiff’s note of issue and statement of readiness inasmuch as the statement of readiness incorrectly states that all necessary…