On February 3, 2022, the First Department issued a decision in Sky Coverage Inc. v. Alwex Inc., 2022 NY Slip Op. 00745, upholding the vacating of a Note of Issue because of an inaccurate Certificate of Readiness, explaining:
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.
As defendants showed on their motion, the certificate of readiness in this action failed to state that discovery proceedings known to be necessary were completed, that there were no outstanding discovery requests, that there had been a reasonable opportunity to complete the proceedings, and that the case was ready for trial. Accordingly, defendants showed, and plaintiffs agree, that the certificate of readiness failed to materially comply with the requirements of 22 NYCRR 202.21, and the filing of the note of issue was a nullity.
(Internal quotations and citations omitted).