Bentley v. Solomon Equities, Inc.

Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered June 11, 1992, which denied the motion by defendant D & F Masons, Inc. ("Masons”) to vacate plaintiff’s note of issue and to strike the action from the trial calendar, unanimously reversed, to the extent appealed from, on the law and the facts and in the exercise of discretion, and the motion granted, without costs.

Plaintiff’s note of issue and statement of readiness in this construction accident case were served at a time when Masons had yet to be joined as a party defendant in the main action brought by plaintiff and,…