Hillside Neurology Care P.C. v. Travelers Ins.

Full title: HILLSIDE NEUROLOGY CARE P.C., assignee of CHRISTOPHER MANGAL, NY…

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

Date published: Feb 24, 2006

2006 N.Y. Slip Op. 50234 (N.Y. App. Term 2006)

815 N.Y.S.2d 494

Opinion

570355/05.

Decided February 24, 2006.

Defendant appeals from an order of the Civil Court, Bronx County (Sharon Aarons, J.), dated April 5, 2005, which denied its motion to vacate the notice of trial and statement of readiness.

Order (Sharon Aarons, J.), dated April 5, 2005, reversed, with $10 costs, and defendant's motion to vacate the notice of trial and statement of readiness granted.

PRESENT: SUAREZ, P.J., McCOOE, GANGEL-JACOB, JJ.

PER CURIAM:

A notice of trial should be vacated where it is based upon a statement of readiness that contains erroneous facts, such as that discovery has been completed ( see Savino v. Lewittes, 160 AD2d 176, 177). Since it is clear that discovery was neither completed nor waived, and that there is an outstanding request for the deposition of the assignor's treating neurologist, plaintiff's notice of trial based upon an inaccurate statement of readiness should have been vacated.

This constitutes the decision and order of the court.