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...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.