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SKY COVERAGE INC. v. ALWEX INC.

Index No. 652604/18. Appeal No. 15215. Case No. 2021-03125.

202 A.D.3d 454 (2022)

158 N.Y.S.3d 584

2022 NY Slip Op 00745

Sky Coverage Inc. et al., Respondents, v. Alwex Inc. et al., Appellants.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP, New York (Christopher F. Lyon of counsel), for appellants.

Held & Hines, LLP, Brooklyn (Marc Held of counsel), for respondents.

Concur— Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

Where a party moves to vacate a note of issue, the only showing necessary on the motion is that "`a material fact in the certificate of readiness is incorrect, or that the certificate of readiness fails to comply with the requirements of ... section [202.21] in some material respect'" (Vargas v Villa Josefa Realty Corp., 28 A.D.3d 389, 390 [1st Dept 2006], quoting 22 NYCRR 202.21[e]).

As defendants showed on their motion...

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