Brown v. Astoria Federal Savings
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*962In an action, inter alia, to recover damages for breach of contract and defamation, the plaintiff appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated March 28, 2007, which granted the defendant’s motion pursuant to 22 NYCRR 202.21 to vacate the note of issue and certificate of readiness and pursuant to CPLR 3126 to dismiss the complaint.
Ordered that the order is affirmed, with costs.
The plaintiffs certificate of readiness incorrectly stated that all pretrial discovery had been completed. Because this was a misstatement of a material fact, the filing of the note of…
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