Pursuant to the Uniform Rules for Trial Courts, at 22 NYCRR 202.21[a], [b], a note of issue must be accompanied by a certificate of readiness, which must state that there are no outstanding requests for discovery, and that the case is ready for trial. Here, the certificate of readiness that was filed with the first note of issue failed to indicate whether physical examinations were completed and whether medical reports were exchanged. As that certificate failed to materially comply with the rules, it was a nullity, and the plaintiff's time to move for summary judgment began to run when the new note of issue was filed.
Andujar v. Boyle, NY Slip Op 00401 (2d Dep't January 27, 2021)
