Notice of Trial strickenFebruary 4, 2014

Tahir Med., P.C. v Central Mut. Fire Ins. Co., 2014 NY Slip Op 50092(U)(App. Term 1st Dept. 2014)

“Defendant’s timely motion to strike the action from the trial calendar should have been granted, since plaintiff’s August 15, 2011 certificate of readiness falsely stated that there were no outstanding discovery requests”

Plaintiff’s post-notice of trial cross motion for a protective order should have been denied. Plaintiff was barred from seeking such relief, where it previously filed a certificate of readiness, and failed to show that an unusual or unanticipated condition subsequently developed (see 22 NYCRR 208.17[d]; Capri Beachwear, Inc. v AAA Stretch, Inc., 49 AD2d 831 [1975]).  Inasmuch as the case has been restored to a pre-notice of trial posture as a result of our disposition, plaintiff may, if so advised, renew its motion for a protective order in Civil Court.”

There is a trend here that the discovery obligations of the  CPLR will be constu