Legal Opinion

Henry L. Fox Co. v. Sleicher

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 1992PublishedCited by 10 opinions

1Opinion of the Court

— In an action to recover on a guarantee, the plaintiff appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated September 14, 1990, which granted the defendant’s motion, made after the filing of the note of *538issue and certificate of readiness, to direct the plaintiff to appear for an examination before trial.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.

It is well settled that a party who desires discovery after the filing of a note of issue must move for vacatur of the note of issue within 20 days after service…

2Cases cited2 opinions

  1. Keane v. Ranbar Packing, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  2. Bonavita v. CrudoAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by10 opinions

  1. Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Audiovox Corp. v. BenyaminiAppellate Division of the Supreme Court of the State of New York · 2000
  3. Schenk v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1999
  4. James v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  5. Mayo v. Lincoln Triangle Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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