Leon v. St. Vincent De Paul Residence

Order, Supreme Court, Bronx County (Sallie ManzanetDaniels, J.), entered on or about January 26, 2008, which, insofar as appealed from as limited by the briefs in this action for medical malpractice, denied defendant’s motion to vacate the note of issue and extend its time to move for summary judgment, unanimously affirmed, without costs.

The motion court properly exercised its discretion in denying defendant’s motion, which was made seven months after the note of issue was filed and based on the assertion that the note of issue inaccurately stated that all discovery was complete when…