Opinion
2012-06-15
Darlene DONALD, Plaintiff–Respondent, v. Devan E. AHERN, Defendant–Appellant. (Appeal No. 2.)
Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered September 22, 2011 in a personal injury action. The order denied the motion of defendant to strike plaintiff's note of issue and certificate of readiness. Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kristen M. Benson of Counsel), for defendant-appellant. Lynn Law Firm, LLP, Syracuse (Patricia A. Lynn–Ford of Counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered September 22, 2011 in a personal injury action. The order denied the motion of defendant to strike plaintiff's note of issue and certificate of readiness.
Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kristen M. Benson of Counsel), for defendant-appellant. Lynn Law Firm, LLP, Syracuse (Patricia A. Lynn–Ford of Counsel), for plaintiff-respondent.
Same Memorandum as in Donald v. Ahern [Appeal No. 1], 96A.D.3d ––––, ––– N.Y.S.2d ––––, 2012 WL 2164458 [June 15, 2012].
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the note of issue and certificate of readiness are vacated.