Gaskin v. Ilowitz
This text of 69 A.D.3d 563 (Gaskin v. Ilowitz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiffs certificate of readiness incorrectly stated that the bill of particulars, physical examinations, exchange of medical reports, and any discovery proceedings known to be necessary were waived. In addition, it falsely declared that preliminary proceedings had been completed and that the case was ready for trial. Because of these misstatements of material facts, that branch of the defendant’s motion which was to vacate the note of issue was properly granted (Brown v Astoria Fed. Sav., 51 AD3d 961, 962 [2008]; see 22 NYCRR 202.21 [e]; Gregory v Ford Motor Credit Co., 298 AD2d 496, 497 [2002]; Spilky v TRW, Inc., 225 AD2d 539, 540 [1996]). Fisher, J.E, Santucci, Dickerson, Chambers and Lott, JJ., concur.
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Cite This Page — Counsel Stack
69 A.D.3d 563, 891 N.Y.2d 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaskin-v-ilowitz-nyappdiv-2010.