Jacobs v. Johnston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Since the defendant moved to vacate the note of issue within the time prescribed for doing so pursuant to 22 NYCRR 202.21 (e), and clearly demonstrated that the case was not ready for trial, that branch of the defendant’s motion which was to vacate the note of issue and, in effect, to compel the deposition of a nonparty witness should have been granted (see CPLR 2103 [b] [2]; Gallo v SCG Select Carrier Group, L.P., 91 AD3d 714 [2012]; Tirado v Miller, 75 AD3d 153, 157 [2010]). Furthermore, since the defendant timely moved to vacate the note of issue, he was required only to demonstrate why…
2Cases cited12 opinions
- Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
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- Gallo v. SCG Select Carrier Group, L.P.Appellate Division of the Supreme Court of the State of New York · 2012
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