A note of issue will be vacated when it is based on a certificate of readiness which contains an erroneous fact, such as that discovery has been completed. Here, the motion to vacate was granted since plaintiff, prior to filing the note and the certificate, had not provided authorizations allowing her out-of-state medical providers to release her medical records to defendants, as well as certain receipts for expenses incurred as a result of her injuries.
Ruiz v. Park Gramercy Owners Corp., NY Slip 02260 (1st Dep't April 9, 2020)
Here is the decision.
