August 22, 2017

A court's vacating a note of issue.

Practice point:  On its own motion, a court may, at any time, vacate a note of issue if it appears that a material fact in the certificate of readiness is incorrect or that the certificate of readiness fails to comply with the requirements of 22 NYCRR 202.21.

Case:  Bundhoo v. Wendy's, NY Slip Op 05802 (2d Dep't July 26, 2017)

Here is the decision.

Tomorrow's issue:  An account stated.