DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the note of issue is vacated, and the plaintiff in Action No. 2 is directed to comply with all of the appellant's outstanding discovery demands.
"A note of issue should be vacated when it is based upon a certificate of readiness that contains erroneous facts, such as that discovery has been completed" ( Drapaniotis v. 36-08 33rd St. Corp., 288 A.D.2d 254). The plaintiff in Action No. 2 (hereinafter the plaintiff) did not dispute the claim asserted by the appellant in support of her motion, to the effect that discovery in this matter was incomplete. Thus, the note of issue should have been vacated and the plaintiff directed to comply with the appellant's outstanding discovery demands.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.