Cathers v. Barnes

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered December 24, 2003, which denied defendants’ motion to vacate the note of issue, unanimously affirmed, with costs. Order, same court and Justice, entered March 2, 2004, which denied defendants’ motion to compel discovery, unanimously affirmed, with costs.

In this action for breach of contract and for goods sold and accepted, defendants’ motion to vacate the note of issue was denied because discovery was completed (compare Ortiz v Arias, 285 AD2d 390 [2001]), and the note had been filed in conformity with prior scheduling…