Lederer v. Adler
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from an order of the City Court of the city of Hew York, denying a motion to strike the above-entitled cause from the calendar.
1Opinion of the CourtMacLean, J.
On one and the same date, April 16, 1904, the plaintiff filed his note of issue and served his notice of trial. Inasmuch as the note of issue must have been filed before one o’clock in the afternoon of that day, it being a Saturday, and the notice of trial was served at half-past four o’clock in the afternoon, the appellants contend that this cause was improperly upon the calendar for the reason that under section 3162, Code of Civil Procedure, as interpreted in Miner v. Galvanotype Engraving Co., 30 Misc. Rep. 200, the notice of trial should be served before the filing of a note of issue,…
2Cases cited1 opinion
- Miner v. Galvanotype Engraving Co.City of New York Municipal Court · 1899