Opinion
November 14, 1985
Appeal from the Supreme Court, Bronx County (Irwin M. Silbowitz, J.).
It was sharp practice for plaintiff's counsel, on or about January 29, 1985, to file a note of issue and statement of readiness indicating "there are no outstanding requests for discovery," when defendant's attorney, by letter of January 10, 1985 and by follow-up letter of January 24, 1985, had inquired of him as to whether plaintiff's aunt, a witness, who was claiming lack of service, would appear for deposition, if re-served. Apparently, defendant's counsel had made the same inquiry by telephone the day before and plaintiff's attorney, had promised to "get back to [him]." Accordingly, we reverse and strike the note of issue and statement of readiness.
Concur — Sullivan, J.P., Ross, Carro, Kassal and Ellerin, JJ.