Robert M. Simels, P. C. v. Hill

OPINION OF THE COURT

Richard F. Braun, J.

This is an action seeking attorney’s fees in the amount of $35,000. The action was removed from the Supreme Court to the Civil Court, pursuant to CPLR 325 (d). Plaintiff noticed this action for trial, and defendant Cheryl Turney Hill (Defendant) moves to vacate plaintiff’s notice of trial and to compel disclosure. The motion must be denied.

When this action was in the Supreme Court, plaintiff served a note of issue in order to have this action placed on the Trial Calendar in that court. Defendant made a motion there to vacate the note of issue and to…