From Casetext: Smarter Legal Research

Barnett v. Demian

Appellate Division of the Supreme Court of New York, First Department
Sep 15, 1994
207 A.D.2d 693 (N.Y. App. Div. 1994)

Opinion

September 15, 1994

Appeal from the Supreme Court, New York County (Martin B. Stecher, J.).


The court abused its discretion in denying the motion to strike plaintiff's note of issue and statement of readiness inasmuch as the statement of readiness incorrectly states that all necessary discovery had been completed or waived (see, Savino v. Lewittes, 160 A.D.2d 176).

It is conceded that the deposition of plaintiff by defendant has not been taken. Plaintiff filed the note of issue five weeks before the expiration of the court-ordered deadline to take plaintiff's deposition. Under these circumstances, denial of the motion is an abuse of discretion.

Concur — Murphy, P.J., Rosenberger, Ross, Rubin and Williams, JJ.


Summaries of

Barnett v. Demian

Appellate Division of the Supreme Court of New York, First Department
Sep 15, 1994
207 A.D.2d 693 (N.Y. App. Div. 1994)
Case details for

Barnett v. Demian

Case Details

Full title:MARTIN N. BARNETT, Respondent, v. L. DAVID DEMIAN et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 15, 1994

Citations

207 A.D.2d 693 (N.Y. App. Div. 1994)
616 N.Y.S.2d 491

Citing Cases

Summers v. Kardex Systems, Inc.

Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme…

Ostrowsky v. Novikoff

Note of IssueA Note of Issue is premature when discovery remains outstanding (Barnett v Demian, 207 AD2d 693…