MERCHS. NAT'L BANK & TRUST CO. OF SYRACUSE v. CARGIAN


101 A.D.2d 702 (1984)

Merchants National Bank & Trust Company of Syracuse, Plaintiff, v. Frederick P. Cargian et al., Defendants William J. Camperlino et al., Third-Party Plaintiffs-Appellants, v. Pompey Associates et al., Third-Party Defendants-Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 12, 1984


Order unanimously reversed, with costs to third-party plaintiffs, and motion denied.

Memorandum:

On a prior motion by third-party plaintiffs, the court vacated the note of issue which had been filed and struck this case from the calendar. A new note of issue placing the case upon the calendar has never been served or filed (see CPLR 3402, subd [a]; 3403, subd [b]). It was thus error to grant third-party defendants' motion for a trial preference (Irish Constr...

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