Suarez v Shapiro Family Realty Assoc., LLC, 2017 NY Slip Op 02914
(1) “Under the circumstances, where plaintiff’s certificate of readiness contained no incorrect material representations, the court properly refused to vacate the note of issue (cf. 22 NYCRR 202.21[e]). However, as plaintiff acknowledged in the note of issue and certificate of readiness, discovery was still outstanding.”
(2) “It is noted that granting Shapiro’s discovery request as to Duane Reade will not prejudice plaintiff, since the matter remains on the trial calendar”
This is how they do business in Supreme Queens. I am not a fan since a Note of Issue should not be filed until discovery is completed. OCA should step up to the plate on this one and not give Courts the power to force note of issues to be filed when discovery is outstanding.