The court properly exercised its discretion to vacate the note of issue as it contained incorrect material in the certificate of readiness, particularly the statements that there remained no outstanding discovery (Uniform Rules for Trial Cts [22 NYCRR] § 202.21 [e]). The defendants' de minimis delay in moving to vacate the note of issue did not prejudice plaintiff, and, as the court noted, "any deficiencies in [defendants'] good faith affirmation are inconsequential...
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