Opinion
June 12, 1986
Appeal from the Supreme Court, New York County (Helen E. Freedman, J.).
Special Term should have granted the motion by defendant-appellant for an order striking the note of issue filed by plaintiffs H Y Realty Company and Ralf Romeo Boutique, Inc. (Conford Co. v. Fordham Concourse Realty Assoc., 119 A.D.2d 526; Maloney v. National Cleaning Contrs., 105 A.D.2d 653; Ortiz v Valdescastilla, 98 A.D.2d 610; Arroyo v. City of New York, 86 A.D.2d 521). The note of issue, which was filed before the case was, in fact, ready for trial, was based upon a false statement of readiness. The record herein clearly reveals that there were outstanding discovery requests for certain depositions and documentary materials. Moreover, defendant's attorney had advised plaintiffs' counsel that he intended to be on vacation for a period of time and had received assurances that plaintiffs would await his return before proceeding with the matter. Yet, notwithstanding this representation, plaintiffs immediately served their note of issue following counsel's departure.
Concur — Murphy, P.J., Kupferman, Sullivan, Carro and Milonas, JJ.