| Law Off. of Angela Barker, LLC v Broxton |
| 2017 NY Slip Op 51472(U) [57 Misc 3d 147(A)] |
| Decided on November 1, 2017 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Carol R. Sharpe, J.), entered on March 28, 2017, which denied her motion to vacate the notice of trial and certificate of readiness.
Per Curiam.
Order (Carol R. Sharpe, J.), entered on March 28, 2017, modified by granting defendant an additional 60 days from service of a copy of this order with notice of entry to complete discovery; as modified, order affirmed, with $10 costs.
We find no abuse of discretion in the denial of defendant's untimely motion to strike the action from the calendar (see 22 NYCRR 208.17[c]; see also Richardson v Bloomingdale's, 157 AD2d 585 [1990]). Nevertheless, in the particular circumstances present in this case, defendant shall be afforded one final 60-day period to complete discovery (see Richardson v Bloomingdale's, 157 AD2d at 585; Ronel-Bennett, Inc. v Consolidated Edison Co. of NY, 149 AD2d 678 [1991]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.