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ISCOWITZ v. COUNTY OF SUFFOLK

54 A.D.3d 725 (2008)

864 N.Y.S.2d 781

STEVEN G. ISCOWITZ et al., Appellants, v. COUNTY OF SUFFOLK, et al., Defendants, and TOWN OF BABYLON, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 9, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contentions, the Supreme Court properly denied their cross motion pursuant to CPLR 3126 to strike the Town of Babylon's answer for its belated disclosure of certain information sought in discovery. The plaintiffs waived any objection to the adequacy and timeliness of the disclosure by filing a note of issue and certificate of readiness prior to moving pursuant to CPLR...

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