Rosenberg & Estis, P.C. v. Bergos
Cases that cite this one
8 later published cases cite this decision.
- Schiff v. Intersystem S&S Corp. (New York Supreme Court, New York County 2025)
- Peterson v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Alvarez v. Feola (Appellate Division of the Supreme Court of New York 2016)
- De Sanchez v. Trevz Trucking LLC (Appellate Division of the Supreme Court of New York 2015)
- De Sanchez v. Trevz Trucking LLC (Appellate Division of the Supreme Court of New York 2015)
- Sereda v. Sounds of Cuba, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Colon v. Yen Ru Jin (Appellate Division of the Supreme Court of New York 2007)
- Vargas v. Villa Josefa Realty Corp. (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered November 8, 2004, which denied defendants’ motion to vacate the note of issue, unanimously affirmed, without costs.
The record in this attorney fee dispute discloses that defendants willfully refused or simply failed to avail themselves of the opportunity to take plaintiff’s deposition prior to the deadline set forth in the preliminary conference stipulation, and willfully refused to obtain copies of documents that defense counsel had already inspected and tagged for copying. Under these circumstances, defendants’ motion to vacate the note of issue was properly denied since the certificate of readiness correctly represented that defendants had waived any right they had to additional discovery (cf. Munoz v 147 Corp., 309 AD2d 647, 648 [2003]; Ortiz v Arias, 285 AD2d 390 [2001]). Concur— Tom, J.E, Saxe, Friedman, Marlow and Catterson, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.