Opinion
2002-01414
Submitted October 2, 2002.
October 21, 2002.
In an action to recover damages for personal injuries, etc., the defendants Ford Motor Credit Company and Ford Credit Titling Trust appeal from an order of the Supreme Court, Richmond County (Minardo, J.), dated January 3, 2002, which denied that branch of their motion which was to vacate the plaintiffs' note of issue and certificate of readiness pursuant to 22 NYCRR 202.21(e).
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, White Plains, N.Y. (Joanna M. Topping of counsel), for appellants.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the branch of the motion which was to vacate the plaintiffs' note of issue and certificate of readiness pursuant to 22 NYCRR 202.21 (e) is granted, and the note of issue and certificate of readiness are vacated.
The plaintiffs' certificate of readiness incorrectly stated that all pretrial discovery had been completed. Because this was a misstatement of a material fact, the filing of the note of issue was a nullity, and should have been vacated (see 22 NYCRR 202.21 [e]; Drapaniotis v. 36-08 33rd Street Corp., 288 A.D.2d 254; Macancela v. Pekurar, 286 A.D.2d 320, 321; Garofalo v. Mercy Hosp., 271 A.D.2d 642; Spilky v. TRW, Inc., 225 A.D.2d 539, 540).
FLORIO, J.P., FRIEDMANN, ADAMS and CRANE, JJ., concur.