Hebert v. Chaudrey

Appeal from an order of the Supreme Court (Demarest, J.), entered October 9, 2012 in Franklin County, which denied defendant’s motion to dismiss the complaint.

Plaintiffs commenced this action in 2003 seeking to recover damages for, among other things, the intentional infliction of emotional distress. After joinder of issue and limited discovery, they filed a trial note of issue in October 2009. Supreme Court then issued an order setting a day certain for trial and, soon thereafter, defendant moved to vacate the note of issue based on plaintiffs’ failure to comply with outstanding discovery…