Opinion
2002-07438
Submitted May 7, 2003.
June 2, 2003.
In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated May 29, 2002, as denied their motion to vacate the plaintiff's note of issue and certificate of readiness.
Cohen, Kuhn Associates, New York, N.Y. (Erika Hartley of counsel), for appellants.
Lawrence L. Kaye, P.C., Brooklyn, N.Y., for respondents.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendants' motion to vacate the note of issue and certificate of readiness upon its ordering additional pretrial discovery (see Ronel-Bennett, Inc. v. Consolidated Edison Co. of N.Y., 149 A.D.2d 678; Matter of Long Is. Light Co. v. Assessor of Town of Brookhaven, 122 A.D.2d 794; Easley v. Van Dyke, 110 A.D.2d 967; Watts v. Town of Gardiner, 90 A.D.2d 615; 22 NYCRR 202.21[d],[e]).
FLORIO, J.P., S. MILLER, FRIEDMANN, ADAMS and RIVERA, JJ., concur.