Javarone v. Pallone

Carpinello, J. (concurring in part and dissenting in part).

Although the circumstances underlying the oral stipulation and the stipulation itself are not models of clarity, I am constrained to agree with the majority’s conclusion that it must be enforced under Hallock v State of New York (64 NY2d 224). However, contrary to the opinion of the majority and that of the other partial concurrence and dissent, I feel that Supreme Court improperly reinstated the note of issue in this case.

A party seeking reinstatement of a note of issue must provide the court with, inter alia, an affidavit of merit…