Marte v. City of New York

*558Order, Supreme Court, New York County (Barbara Jaffe, J.), entered August 8, 2011, which denied plaintiffs motion to strike defendant’s answer pursuant to CPLR 3126, unanimously affirmed, without costs.

Discovery sanctions were inappropriate because plaintiff waived his right to challenge deficiencies in defendant’s responses to discovery orders by filing a note of issue and certificate of readiness representing that all discovery had been completed and that there were no outstanding discovery requests (see Rivera-Irby v City of New York, 71 AD3d 482, 482 [1st Dept 2010]; Escourse v City of…