N.Y. Comp. Codes R. & Regs. tit. 22 § 212.20

Current through Register Vol. 46, No. 43, October 23, 2024

Section 212.20 - 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 reference 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.20