N.Y. Comp. Codes R. & Regs. Tit. 22 § 208.20 - Special preferences
(a) Any party claiming a preference under
CPLR 3403 may apply to the court by making a motion in a motion part, in
accordance with CPLR 3403(b), the note of issue therein referred to being
deemed a preference to a notice of trial.
(b) Counterclaims and cross-claims. A
counterclaim or cross-claim which is not entitled to a preference shall not
itself defeat the plaintiff's right to a preference under this
section.
(c) Result of
preference being granted. If a preference is granted, the action shall be
placed on a ready calendar for a day certain ahead of all nonpreferred pending
cases, as directed by the court, unless the court otherwise orders.
Notes
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