Opinion
December 12, 1995
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
The motion court as a court of coordinate jurisdiction properly declined to review the order of the trial court which, after declaring a mistrial, struck plaintiffs' case from the trial calendar and conditioned restoration upon the filing of a new note of issue. However, since the trial should have been rescheduled pursuant to 22 NYCRR 202.45, we grant a preference in the interest of justice and direct an immediate trial (CPLR 3403 [a] [3]), conditioned upon plaintiffs filing the note of issue as directed by the motion court.
Concur — Ellerin, J.P., Rubin, Nardelli, Williams and Mazzarelli, JJ.