Caldwell Development Corp. v. Mapleport Associates, Inc.

Orders unanimously affirmed, with costs. Memorandum: The third-party defendant and plaintiff jointly moved to vacate the note of issue and statement of readiness within 20 days from the filing thereof by defendants/third-party plaintiffs (see Uniform Calendar and Practice Rules of the Fourth Department, 22 NYCRR 1024.4 [e]). The motion was made approximately 15 months after issue had been joined in the primary action and approximately 7 months after issue had been joined in the third-party action. It was premised upon the claim that pretrial discovery proceedings had not been completed and…