Defendant's motion is denied since there was no misstatement of material fact in the certificate of readiness, which correctly stated that discovery was complete, and defendants failed to identify any outstanding discovery or to explain their delays in prosecuting the third-party action. Defendants' assertion that discovery might be necessary because one of the third-party defendants had indicated it would appear after defaulting does not warrant vacatur and a further delay in resolving plaintiff's claim.
Tatis v. Triborough Constr. Servs., Inc., NY Slip Op 01247 (1st Dep't March 9, 2023)
