Rizzo v. Balish & Friedman

In an action to recover damages for dental malpractice and lack of informed consent, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Dollard, J.), dated May 6, 2016, as denied their unopposed motion pursuant to 22 NYCRR 202.21 (e) to vacate the note of issue and certificate of readiness.

Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, and the plaintiffs’ motion pursuant to 22 NYCRR 202.21 (e) to vacate the note of issue and…