Aaron O'Connor v Otto DeFuria

O'Connor v DeFuria 2003 NY Slip Op 19149 [2 AD3d 424] December 1, 2003 Appellate Division, Second Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

Aaron O'Connor, Respondents,
v
Otto DeFuria et al., Appellants.

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Alpert, J.), dated February 4, 2003, which denied their motion to vacate the plaintiffs' note of issue and certificate of readiness.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the motion to vacate the note of issue and certificate of readiness. Altman, J.P., S. Miller, McGinity, Adams and Mastro, JJ., concur.