Merchants National Bank & Trust Co. v. Cargian

Appellate Division of the Supreme Court of New York

Merchants National Bank & Trust Co. v. Cargian

101 A.D.2d 702, 476 N.Y.S.2d 43, 1984 N.Y. App. Div. LEXIS 18262

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 12, 1984

StatusPublished

This text of 101 A.D.2d 702 (Merchants National Bank & Trust Co. v. Cargian) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merchants National Bank & Trust Co. v. Cargian, 101 A.D.2d 702, 476 N.Y.S.2d 43, 1984 N.Y. App. Div. LEXIS 18262 (N.Y. Ct. App. 1984).

Pincite

Opinion

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 fa]; 3403, subd [b]). It was thus error to grant third-party defendants’ motion for a trial preference (Irish Constr. Co. v Standard Vending Corp., 47 AD2d 706; Moran v Portchester Iron Works, 11 AD2d 783; Vinal v New York Cent. R.R. Co., 48 Misc 2d 362; 4 Weinstein-Korn-Miller, NY Civ Prac, par 3403.21). 11 The parties are in dispute as to whether third-party plaintiffs have been afforded sufficient opportunity to complete discovery. This decision is rendered without prejudice to third-party defendants again moving for a preference upon serving and filing a new note of issue. A statement of readiness must also be served and filed (see 22 NYCRR 103.1,1024.4), unless the court otherwise directs (see 22 NYCRR 103.4). (Appeal from order of Supreme Court, Onondaga County, Balio, J. — trial preference.) Present — Dillon, P. J., Denman, Boomer, Green and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

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 fa]; 3403, subd [b]). It was thus error to grant third-party defendants’ motion for a trial preference (Irish Constr. Co. v Standard Vending Corp., 47 AD2d 706; Moran v Portchester Iron Works, 11 AD2d 783; Vinal v New York Cent. R.R. Co., 48 Misc 2d 362; 4 Weinstein-Korn-Miller, NY Civ Prac, par 3403.21). 11 The parties are in dispute as to whether third-party plaintiffs have been afforded sufficient opportunity to complete discovery. This decision is rendered without prejudice to third-party defendants again moving for a preference upon serving and filing a new note of issue. A statement of readiness must also be served and filed (see 22 NYCRR 103.1,1024.4), unless the court otherwise directs (see 22 NYCRR 103.4). (Appeal from order of Supreme Court, Onondaga County, Balio, J. — trial preference.) Present — Dillon, P. J., Denman, Boomer, Green and Schnepp, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

101 A.D.2d 702, 476 N.Y.S.2d 43, 1984 N.Y. App. Div. LEXIS 18262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merchants-national-bank-trust-co-v-cargian-nyappdiv-1984.

Opinion

Related

Cite This Page — Counsel Stack