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JIA WANG v. CHIH SHIEN KANG

1213, 104059/11.

139 A.D.3d 548 (2016)

30 N.Y.S.3d 559

2016 NY Slip Op 03980

JIA WANG, Appellant, v. CHIH SHIEN KANG, Also Known as ED KANG, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 19, 2016.

Plaintiff brought this motion to vacate the note of issue on the basis that the case was not ready for trial some 15 months after the note of issue was filed, and, thus, the motion was untimely (see Schroeder v IESI NY Corp., 24 A.D.3d 180, 181 [1st Dept 2005]). Furthermore, plaintiff's speculative and unsubstantiated claims of defendants' forgery, spoliation, and obstructing discovery fail to meet the "stringent" standard of showing...

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