Aviles v. 938 SCY Ltd.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memo*936randum: Supreme Court erred in denying the motion of 938 SCY Limited, d/b/a Friends & Players (defendant), seeking to strike the note of issue and certificate of readiness. Defendant sought that relief within 20 days after service of the note of issue and certificate of readiness and provided an affidavit “showing in what respects the case [was] not ready for trial” (22 NYCRR 202.21 [e]; see, Audiovox Corp. v Benyamini, 265 AD2d 135, 139). Contrary to plaintiff’s contention,…