M & J Trimming, Inc. v. Kew Management Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Harold Tompkins, J.), entered January 9, 1998, which directed plaintiffs to file a note of issue so as to place the action on the trial calendar, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the note of issue vacated and the action stricken from the trial calendar to permit defendant to conduct discovery. Appeal from order, same court and Justice, entered December 15, 1997, dechning to sign those branches of defendant’s order to show cause (the OSC) seeking to vacate the note of issue and to conduct…
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